HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
arbitrary trademark
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A quick definition of arbitrary trademark:
An arbitrary trademark is a special word, phrase, or symbol that a company uses to show that their product is different from others. It's not a word that describes the product, but it's a made-up word that the company uses to make their product stand out. For example, the word "Apple" is an arbitrary trademark for a company that makes computers and phones. It's not a word that describes the product, but it's a unique word that people associate with that company. Arbitrary trademarks are very important to companies because they help them sell their products and make money.A more thorough explanation:
An arbitrary trademark 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 arbitrary because it does not describe or suggest any characteristic of the products. Another example is the trademark "Amazon" for online retail, which is also arbitrary because it does not describe or suggest any characteristic of the service.
Arbitrary trademarks are different from descriptive trademarks, which are meaningful words in common usage or that merely describe or suggest a product. Descriptive trademarks are only entitled to protection if they have acquired distinctiveness over time.