Finally, a generic mark is a mark that describes the general category to which the underlying product belongs.

When potential customers think of a trademark as a term for the category of products, the trademark becomes generic and is no longer entitled to protection.

First, you need to understand if the type of service or goods is determined in the mark.

This Note also examines the considerations of the courts while deciding the exclusive usability of a trademark which is composed of terms which are generic in nature or are descriptive of the products. This loss of trademark … There are many famous trademarks that have become generic. United States trademark law prevents trademark protection of generic terms because providing a generic term with trademark protection would be like granting a monopoly in the product.

All of these generic words were once exclusive trademarks: Cellophane for “transparent cellulose film.”

How is a generic mark different from a descriptive mark?

Trademark Usage Guidelines Marks are at particular risk if no generic term exists, such as in cases where the trademark owner is the first entrant and, thus, the mark is adopted as the product name. In the trademark law context, genericide, or the conversion of a trademark into a generic phrase, occurs when a trademark becomes the generic word for the product or service the trademark is associated with. Others have been able to maintain their registrations because they have not been formally challenged.

See In re Holland Akins Ventures, LLC , Serial No. LANDMARK JUDGEMENTS IN TRADEMARKS LAW. Marks That Become Generic. Facts Of The Case

Generic marks are entitled to no protection under trademark law. In what is known till date as a Landmark judgment in cybersquatting, the Delhi High Court held that a domain name served the same function as a trademark and was therefore entitled to equal protection. A descriptive mark can acquire a secondary meaning in the mind of consumers that can be proven. A generic term can never become a trademark. Generic marks are the weakest type of marks, and in fact, they can't be registered as trademarks in any case. Yahoo!, Inc. v Akash Arora & Anr [1999 (19) PTC 201 (Del)] :-The first decision on the protection of IP rights on the Internet.. Current trademarks that were once considered for becoming generic are Xerox and Kleenex. Two recent Trademark Trial and Appeal Board cases illustrate the differences between a refusal on generic grounds and one on merely descriptive gounds. For example, the term "Computer" is a generic term for computer equipment. It is essentially a term that is commonly used as the name … The Decision has been examined in light of the decisions of the Supreme Court and other High Courts. If you're wondering how to understand if your mark is generic, there's a two-part test you can take. A valid trademark can become generic if the consuming public misuses the mark sufficiently for the mark to become the generic name for the product. Somewhat counterintuitively, strong marks also are more likely to become generic. Their registrations have been cancelled in several cases. A generic trademark is one that really does not qualify for any sort of trademark protection. A generic trademark is never entitled to trademark protection if it the generic name of goods or services on or in connection with which it has been used.

Floor covering, originally coined by Frederick Walton in 1864, and ruled as generic following a lawsuit for trademark infringement in 1878; probably the first product name to become a generic term.

The prime examples of former trademarks that became the generic name for a product are Aspirin and Cellophane. 1.

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