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.
¡ª Also termed arbitrary mark; arbitrary name. [Cases: Trade Regulation 24. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition ¡ì 47.]
How would a bilingual lawyer translate the term arbitrary trademark into Chinese?
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