What happens if your trademark becomes generic?
A brand mark that becomes generic loses trademark protection, brand value, and profit.
What is the legal consequence of a trademark becoming a generic term?
When Trademarks Become Generic: Examples and Consequences
Advertising the product becomes difficult and the original company can lose sales and market share. It can be cancelled when a competitor starts an abandonment action.
Can a trademark become generic?
While a generic term cannot become a trademark, a trademark can become generic. Ironically, the more successful the trademark owner, the more likely it is that a trademark will become generic, causing the trademark owner to lose its exclusive right to use and protect the trademark.
What happens if you trademark a name already in use?
If somebody else is already using a mark that is reasonably similar to yours, it’s likely that your application for trademark registration will be denied. United States trademark law requires trademarks to be entirely unique from any other than are currently in use.
Is Kleenex still a trademark?
Although Kleenex is a registered trademark of Kimberly-Clark Corporation, for many consumers, the word has become interchangeable with “tissue.” … While all of them have been trademarked at some point in their histories, a few of them have actually lost legal protection due to their name’s widespread popularity.
Does Google have 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.
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.
Can you trademark any word?
Maybe. Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.
Can common word be registered as trademark?
Trademark cannot be claimed on common English words.
Is Coke a trademark?
The Coca-Cola Corp owns the trademark to the name Coca-Cola, as well as the trademark on the bottle shape, and the graphic representation of their name. These are all things that help distinguish them from other cola brands and define their individual product. Coca-Cola also owns the patent on their formula.
Why is Genericide bad?
Among the intellectual property crowd, the loss of trademark rights when a term enters common usage is called “genericide,” and it can mean the trademark loses its protected status—which is bad news for trademark owners who strive to maintain the uniqueness and distinctiveness of their brands.
Why did thermos lose its trademark?
Escalator was owned by Otis and the trademark was revoked in 1950. The thermos, yo-yo, laundromat, hacky sack, wine cooler and even pilates were all once trademarked before becoming so linguistically generic — so commonly used to describe a thing in society — that the rights were revoked in a court of law.