arbitrary trademark

A trademark containing common words that do not describe or suggest any characteristic of the product to which the trademark is assigned.

• Because arbitrary marks are neither descriptive nor suggestive of the goods or services in connection with which they are used, they are inherently distinctive, require no proof of secondary meaning, and are entitled to strong legal protection. A name that would be generic if used with one product may be arbitrary if used with another. For example, “Bicycle” may be registered to identify playing cards, but it could not be protected as a mark to identify bicycles.

— Also termed arbitrary mark; arbitrary name. [Cases: Trade Regulation 24. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition § 47.]

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词条贡献者

译员Dennis，毕业于英国顶尖的高级翻译学院，专注翻译各种与高管退休金和员工福利有关的法律文件。