What is considered generic trademark?
A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that, because of its popularity or significance, has become the generic term for, or synonymous with, a general class of products or services, usually against the intentions of the trademark’s owner.
What is an example of a generic trademark?
A generic mark is a word understood by the public as the common term for a product or service. For example, the word “apple” would be generic for the fruit.
Can a generic name be trademarked?
Combining a generic term with other terms may sometimes result in a protectable composite mark. … Therefore, courts all around the world have rejected claims relating to exclusive use of generic term and have upheld the principle that generic terms cannot be accorded trademark protection.
What happens when a trademark becomes generic?
A brand mark that becomes generic loses trademark protection, brand value, and profit.
Is Google a trademark?
A federal appeals court Tuesday affirmed the “Google” trademark, ruling that while in some corners the verb associated with the company has become synonymous with “internet search,” Google is still widely identified as a brand name worthy of protection.
Is Jello a trademark name?
The original Jell-O gelatin dessert (genericized as jello) is the signature of the brand. Jell-O is a registered trademark of Kraft Heinz and is based in Chicago, Illinois.
|Product type||Gelatin dessert, pudding|
|Produced by||Kraft Foods|
Is Chapstick a trademark?
Chapstick is so popular that there are a number of websites devoted to “chapstick addiction.” Pfizer still has a registered trademark on this iconic product, yet the brand has become a genericized trademark over time.
Which word Cannot be trademarked?
A brand name which consists of the word which is commonly used in day to day life to identify the product cannot be trademarked. It may include kind, quality, quantity, values, geographical origin, and its characteristics.
What Cannot be registered as trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.