Are Trademarks Ever Fanciful?
Citation: 105 Geo L.J. (2017)
A fanciful trademark—a made-up word like Swiffer for mops or Xerox for photocopiers—is presumed to neither describe nor suggest any qualities of the product associated with the mark. This presumption is consistent with the theory of linguistic arbitrariness: there exists no connection between a given word (tree) and the thing signified by the word (a large woody plant). Because a fanciful mark is assumed to be an empty vessel, meaningless until used as a trademark, it qualifies for protection from first use and receives broader protection against infringement than other categories of trademarks.