What is a generic term?

A generic term is a name which is a term for the goods or services that it is being used for. To figure out if a term is generic it has to be determined whether a purchaser would understand the term to be a name for goods or service, or a name for the class the goods or services that it is used for. It is possible for a registered trademark to become generic. It is an argument that can be made at any time, not just prior to registration, although the burden will be on the party arguing that the registered mark is generic. To argue genericness it has to be shown that consumers no longer understand the term denotes a trademark and now believe it to refer to the goods rather than the source of the goods. Evidence that may be used can be dictionary definitions, manner of use, use by competition, customer surveys, or even use by other parties such as the media. As you use your trademark make sure it is clear to your customers that your trademark is identifying where your goods or services are coming from.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.