Legal Definitions - generic term

A generic term is a common, everyday word or phrase that refers to a general category or type of product or service, rather than a specific brand or manufacturer. In legal contexts, particularly trademark law, generic terms cannot be protected as trademarks because they are essential for describing the goods or services themselves. If a word is generic, no single company can claim exclusive rights to use it, as it would prevent others from accurately describing their products or services.

• Example 1: "Smartphone"

  Imagine a company trying to trademark the word "smartphone." This would likely be rejected because "smartphone" is the common, generic name for a type of mobile device that combines phone functions with computing capabilities. It describes the *category* of product, not a specific brand like Apple's iPhone or Samsung's Galaxy. Allowing one company to own "smartphone" would unfairly prevent all other manufacturers from accurately describing their similar products to consumers.

• Example 2: "Desk Chair"

  Consider a furniture company that designs and sells office furniture. They would not be able to trademark the term "desk chair." This phrase is a generic description of a type of seating furniture specifically designed for use at a desk. It's a common term that consumers and other manufacturers use to refer to this item, regardless of who produced it. Granting trademark protection would hinder fair competition and common communication about furniture products.

• Example 3: "Web Browser"

  If a software company developed a new application for accessing the internet, they could not trademark the term "web browser." "Web browser" is the generic name for software that allows users to view and interact with web pages. Companies like Google (with Chrome) or Mozilla (with Firefox) use this term to describe their products, but none of them own the term itself because it describes the *function* and *type* of software, not a unique brand identifier.