Legal Definitions - generic name

A generic name (also known as a generic term or common descriptive name) refers to a word or phrase that describes an entire category or type of product or service, rather than identifying a specific brand or source.

In trademark law, a generic name cannot be protected as a trademark for the goods or services it describes because it is considered essential for everyone to be able to use these common terms to refer to the products or services themselves. If a company could trademark a generic name, it would unfairly prevent competitors from describing their own offerings.

• Example 1: "Smartphone"

  The term "smartphone" is a generic name for a mobile phone with advanced computing capabilities. No single company can trademark the word "smartphone" to exclusively identify their brand of mobile devices. This is because "smartphone" describes the entire class of products offered by many different manufacturers, and consumers need to use this term to refer to any device within that category.

• Example 2: "Restaurant"

  The word "restaurant" is a generic name for an establishment where meals are served to customers. A business owner cannot trademark "Restaurant" for their dining establishment. This is because the term simply describes the type of service being offered by countless businesses, and it must remain available for all to use when referring to places that serve food.

• Example 3: "Running Shoes"

  The phrase "running shoes" is a generic name for footwear specifically designed for running. No athletic apparel company can obtain a trademark for "running shoes" to identify their particular brand of athletic footwear. This term is necessary for all manufacturers and retailers to describe their products accurately and for consumers to understand what they are purchasing, regardless of the brand.