Genericness refers to the lack of uniqueness or specialness in something. It can be compared to being plain or ordinary. For instance, if a company attempts to trademark a highly common word such as “apple” for their products, they might face difficulties as the word is too generic and does not sufficiently represent their brand.
Genericness is the state or condition of being generic, also known as genericalness or genericism. It refers to something lacking distinctiveness or uniqueness. For instance, a company cannot trademark a generic term like “apple” for selling apples. Similarly, the term “cola” is too generic to be trademarked by a single company. The defence argued that the term in question had already achieved genericness in the market. These examples demonstrate how a term or product can become too common or widely used to be considered unique or distinctive. Once a term becomes generic, it loses its eligibility for trademarking or protection under intellectual property laws.
A generic trademark is a term that has become commonly used to refer to a general category of products or services, rather than identifying a specific brand or source.
No, generic terms cannot be registered as trademarks because they do not serve the purpose of distinguishing one brand from another.
To prevent your trademark from becoming generic, it is important to consistently use it as an adjective followed by a generic noun, and actively enforce your trademark rights against any unauthorized use.
Yes, if a trademark becomes widely used to refer to a general category of products or services, it can lose its distinctiveness and become generic. This is known as “genericide.”
Examples of trademarks that have become generic include “aspirin” and “escalator,” which were once protected trademarks but are now commonly used to refer to the general products.
No, trademark owners cannot prevent others from using their mark in a generic sense. However, they can take action to prevent the mark from becoming generic and losing its distinctiveness.
Yes, a descriptive term can be registered as a trademark if it has acquired secondary meaning, meaning that consumers associate the term with a specific brand or source.
Conducting a trademark search and consulting with a trademark attorney can help determine if your trademark is generic or descriptive. They can assess the distinctiveness and potential risks associated with your mark.
No, copyright law protects original works of authorship, such as literary, artistic, or musical creations, but it does not protect generic terms or ideas.
No, patent law protects inventions and processes that are new, useful, and non-obvious, but it does not protect generic terms or ideas.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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