Fanciful Trademark to Mark

Generic terms are the common name of a class of things that are incapable of indicating a single source of a product or good.  Generic marks can never function as a trademark or service mark.  For example, blended whiskey, computer software, mouse, disk, or keyboard are each generic terms which cannot be treated as a protectable trademark.

In some cases, generic terms come from a formerly protectable trademark, so that, to the general public, the generic mark refers to the product itself rather than merely a single manufacturer’s brand or version of the product or service.  Such loss of distinctiveness turns a protectable mark into merely a generic unprotectable mark.

Such former trademarks include aspirin, cellophane, cola, cornflakes, cube steak, dry ice, escalator, high octane, kerosene, lanolin, linoleum, and mimeograph.

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