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LSDefine
Simple English definitions for legal terms
arbitrary mark
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A quick definition of arbitrary mark:
An arbitrary mark is a special symbol, word, or logo that a company uses to show that their product is different from others. It's like a signature for their product. To be protected by the law, the mark must be unique and registered with the government. If a mark is not used for a long time, it can be considered abandoned and lose its protection. An arbitrary mark is different from a descriptive mark, which just describes the product and is not protected unless it becomes well-known over time.A more thorough explanation:
An arbitrary mark is a type of trademark that contains common words that do not describe or suggest any characteristic of the product to which the trademark is assigned. This type of trademark is inherently distinctive and requires no proof of secondary meaning, making it entitled to strong legal protection.
For example, the trademark "Apple" for computers and electronic devices is an arbitrary mark because it does not describe or suggest any characteristic of the products. Another example is the trademark "Nike" for athletic shoes and apparel.
These examples illustrate how arbitrary marks are different from descriptive marks, which are meaningful words in common usage or that merely describe or suggest a product. Descriptive marks are only entitled to protection if they have acquired distinctiveness over time.