GENERIC TRADEMARK Meaning and
Definition
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A generic trademark is a word, phrase, or symbol that has come to be commonly used to describe a particular type of product or service, rather than indicating a specific brand or source. It is a term that has transitioned from being a distinctive trademark to becoming a generic term for the entire category of goods or services it represents.
Unlike traditional trademarks that are unique to a specific company or product, generic trademarks have lost their distinctiveness due to widespread usage. They have become part of everyday language to refer to goods or services in a general sense, making it impossible for any single company to exclusively claim the term.
For example, the term "aspirin" was originally trademarked by Bayer as a specific brand of pain reliever. However, over time, consumers began using the name "aspirin" to refer to any acetylsalicylic acid product, regardless of the manufacturer. As a result, the term lost its distinctive quality and became a generic trademark.
Generic trademarks cannot be protected under trademark law, as they no longer serve as an indicator of origin, but rather as a broad description. Companies that have their trademarks become generic may face challenges in maintaining brand recognition and exclusivity within the market. It is important for businesses to protect their trademarks and prevent them from becoming generic by actively enforcing their rights and educating the public about the proper use of their marks.
Etymology of GENERIC TRADEMARK
The word "generic" comes from the Latin word "genericus", which means "general" or "of a kind". It originated from the Latin root word "genus" meaning "kind" or "class". The term "generic" in English refers to something that is common, general, or characteristic of a whole class or group.
The term "trademark" is a combination of the words "trade" and "mark". "Trade" comes from the Old English word "trād" meaning "track" or "path", which later evolved to mean "business" or "commerce". "Mark" originated from the Old English word "mearc" meaning "boundary" or "sign", which eventually came to represent a distinguishing symbol or identifier.
