Title: How to Trademark become generic Trademark?
1When Does a Trademark Become Generic?
2Introduction
The vital function of a trademark is to
distinguish goods and services of one company or
individual from that of another, and if the mark
does not perform this essential function, it is
likely that the trademark will cease to exist and
just become a generic term.
Related 45 TM Classes as per NICE Classification
3Meaning of Generic Trademark
Generic terms or words are commonly used in
symbols, words or logos to describe the class of
products or services. Generic words don't perform
the function of distinguishing similar products
and services in the same class.
Related Different Types of Trademark
4Legal Stance on Generic Trademark
- A generic trademark is a registered trademark or
brand name that has become synonymous with for a
particular set of services or goods, losing its
exclusivity due to overuse and popularity. This
usually happens without the proprietors
permission. - Xerox
- Cello Tape
- Tupperware
- Band-Aid
More on File Trademark Application Online
5Why TM become Generic Word
- When people start associating a mark with a group
of services or goods, the name stops
functioning as a trademark and falls in the
public domain, thereby losing its essential
characteristic of being distinctive. - How to Keep your TM Robust?
- Be vigilant about the proper use of the
trademark. - Use the symbols and for unregistered and
registered trademarks respectively, to show that
certain rights have been conferred on the mark.
6CONTACT INFORMATION
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