Apple (computers) is a good example of this type of trademark. We all know that the common meaning of apple is as a fruit, which is pretty far removed from the digital world (insert your own lame “byte” joke here). In the case of less edible and more digital Apple, this choice of trademark (rumored to have been an impulsive decision based on a temper tantrum by the legendarily cantankerous Steve Jobs) actually has been quite costly. Apple had been established as a trademark by virtue of being the name of the Beatles’ record company (Apple Corps). As a result, Apple Computer has lost a couple of very costly court battles related to its foray into anything musical. Currently, it is involved in a third battle over iTunes (this battle has been in the news quite a bit lately as of this writing). Notwithstanding Apple’s misfortunes, arbitrary and fanciful trademarks are clearly the preferred categories for a prospective trademark — if we ignore marketing considerations. They are easier to adopt than suggestive or descriptive trademarks, and easier to protect once adopted. Why? Well… they are inherently distinctive