What is a Generic Term? A Comprehensive Legal Overview

Q: What happens if a trademark becomes generic?

If a trademark becomes a generic term, it may lose its protection and can be used by anyone.

Q: How can I check if a term is generic?

Research the term&#039;s usage in the market and consult trademark databases or legal professionals.

Definition & Meaning

A generic term refers to a word or phrase that describes a general category of goods or services rather than a specific brand or trademark. When a term becomes widely used by the public to identify a class of products, it loses its ability to indicate the source of those products. For instance, words like "computer" or "bicycle" cannot be trademarked because they are generic names for a type of product. If a company were allowed to trademark such terms, it could create an unfair monopoly over the market for that product category.

Table of content

Legal Use & context

Generic terms are primarily relevant in trademark law. They are crucial in determining whether a term can be protected as a trademark. In legal practice, understanding generic terms is essential for businesses seeking to register their trademarks and for those involved in trademark disputes. Users can manage some aspects of trademark registration through legal templates available on platforms like US Legal Forms, but consulting a legal professional is advisable for complex issues.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Here are two examples of generic terms:

Television: This term is used universally to refer to a device for receiving television signals and cannot be trademarked.
Aspirin: Originally a trademark, it has become a generic term for acetylsalicylic acid, a common pain reliever.

Comparison with related terms

Term	Definition	Key Difference
Generic Term	A term that describes a general category of products.	Cannot be trademarked.
Descriptive Mark	A term that describes a characteristic of a product but may be trademarked with sufficient proof of secondary meaning.	Can be trademarked if it has acquired distinctiveness.
Arbitrary Mark	A term that has no relation to the product it represents and is easily trademarked.	More protection available due to uniqueness.

Common misunderstandings

What to do if this term applies to you

If you are considering trademarking a term, ensure it is not generic. Conduct thorough research and consider seeking legal advice. For straightforward processes, you can explore US Legal Forms for templates that can help you navigate trademark applications. If your situation is complex, consulting a legal professional is recommended.

Find the legal form that fits your case

Browse our library of 85,000+ state-specific legal templates.

This field is required

Quick facts

Generic terms cannot be trademarked.
They describe a class of products or services.
Established trademarks can lose protection if used generically.

Key takeaways

Frequently asked questions

Can a generic term be trademarked?

No, generic terms cannot be trademarked as they do not indicate a specific source.