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Simple English definitions for legal terms
generic name
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A quick definition of generic name:
A generic name is a word that describes something in general without pointing to a specific source or creator. For example, the word "car" or "sink" are generic names. These names cannot be protected as trademarks for the thing they represent. For instance, "Apple" can be a trademark for computers but not for the fruit. Another way to say generic name is generic term, generic mark, or common descriptive name.
A more thorough explanation:
A generic name is a term that describes something in a general way without indicating its source or creator. For example, the word "car" or "sink" are generic names.
It is important to note that a generic name cannot be protected as a trademark for the thing it represents. For instance, "Apple" can be a trademark for computers but not for the fruit.
Other terms that can be used interchangeably with generic name include generic term, generic mark, and common descriptive name.
- "Kleenex" is a brand name for facial tissues, but "facial tissues" is a generic name.
- "Aspirin" used to be a trademark for a pain reliever, but it became a generic name over time.
- "Escalator" was once a trademark for a moving staircase, but it is now a generic name.
These examples illustrate how a brand name can become a generic name over time if it becomes widely used to describe a particular product or service.