Trade · 6 pages · 12 min

How a genericized trademark can be lost

If buyers start using a trademark as the ordinary name of the product, the owner can lose the exclusive right.

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From the opening

Genericide is the loss of trademark rights when a mark becomes the common name of the product type rather than a sign of one source. Once the word names the category, rivals need it to describe their own goods, and the exclusive claim fails. The opening covers a source name becomes the product name, buyer understanding decides the case, and fame alone does not destroy it.

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Inside

  • A source name becomes the product name
  • Buyer understanding decides the case
  • Fame alone does not destroy it
  • Rivals then need the word
  • Where the idea stops applying
  • A distinction worth keeping

Sources

  • Genericide of trademarks
  • Generic terms and source identification