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Legal Definitions - genericness
Definition of genericness
Genericness refers to the state or condition where a word, phrase, or symbol, which was originally intended to identify and distinguish a specific brand of product or service from others, has become so widely used that it now refers to the entire category or type of product or service itself. When a trademark becomes generic, it loses its ability to function as a unique identifier for a particular company's goods or services and, as a result, loses its legal protection as a trademark.
Example 1: Imagine a company invents a revolutionary new type of self-balancing personal transporter and successfully trademarks the name "GlideBoard." If, over time, the public begins to refer to *any* self-balancing personal transporter, regardless of its manufacturer, as a "GlideBoard," then the term would have fallen into genericness. In this scenario, "GlideBoard" would no longer uniquely identify the original company's product but rather the entire class of such devices.
Example 2: Consider a company that develops the first widely adopted online video conferencing platform and trademarks its name as "ConnectCall." If, through widespread public usage, people start using "ConnectCall" to describe *any* video conferencing session or platform, even those offered by competitors, the term would be considered generic. It would no longer serve to distinguish the original company's specific service but would instead refer to the general concept of video conferencing.
Example 3: Suppose a food manufacturer introduces a novel frozen dessert and trademarks the name "ChillWhip." If "ChillWhip" becomes so popular that consumers use it to describe *any* type of frozen whipped dessert, regardless of the brand or ingredients, then the term has become generic. The original company would struggle to enforce its trademark rights because "ChillWhip" would no longer point exclusively to their specific product but to the entire category of similar desserts.
Simple Definition
Genericness describes the state where a word or term, once a trademark, has become the common, everyday name for a type of product or service itself, rather than identifying a specific brand. When a term becomes generic, it loses its ability to function as a trademark, meaning it can no longer be exclusively owned by one company. In trademark law, genericness is often raised as an affirmative defense to argue that a term should not receive or retain trademark protection.