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question.jpgIn Trademarks

What is a fanciful mark?

There are several categories that are used in referring to a mark. One of these categories is known as “fanciful.” A fanciful trademark is a trademark consisting of a made up word, a nonexistent word made up specifically to be used as a trademark, such as KODAK. Fanciful marks, along with arbitrary marks, are the strongest type of trademarks (as long as they are not confusingly similar to earlier marks) and are given the broadest form of protection. In fact, because arbitrary and fanciful marks bare no connection to the underlying goods and services, they are considered inherently distinctive and the owner need not show secondary meaning to be entitled to protection for the mark.