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.]


专业法律词汇 词条贡献者
资深译员Jenny,毕业于欧洲顶尖的高级翻译学院,擅长翻译涉及体育和运动场馆领域的法律文件。
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