Simple English definitions for legal terms
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Generic: A word or symbol that is commonly used to describe a whole type of product or service, instead of just one specific product or service. For example, "raisin bran" is a generic term used by many cereal companies. Generic terms cannot be protected by trademarks because they do not serve the purpose of distinguishing one product from another. Sometimes, a trademark can become generic if people start using it to describe all products of that type, like how "escalator" used to be a trademarked term but now it is used to describe any moving stairs.
Definition: Generic refers to a word or symbol that is commonly used to describe an entire type of product or service, rather than to distinguish one product or service from another. For example, "raisin bran" is a generic term used by several manufacturers of breakfast cereals to describe their products.
Generic terms cannot receive trademark protection because they do not serve the basic function of trademarks, which is to distinguish goods and services in the marketplace. Instead, individuals use generic terms to refer to a type of product.
It is possible for a trademark to become generic over time, through a process called genericide. This happens when a term becomes so commonly used to describe a type of product that it loses its ability to distinguish one brand from another. For example, "escalator" was once a trademarked term, but it became so widely used to describe moving stairs made by any company that it lost its trademark status.
Examples:
These examples illustrate how a trademark can become generic over time if it is used too commonly to describe a type of product. Once a term becomes generic, it can no longer be protected by trademark law.