Can Generic Words Serve as Trademarks?
Trademarks are essential tools for businesses, helping them protect their brand identity and distinguish their products or services from competitors. However, not all words or phrases can be registered as trademarks. One of the most fundamental limitations in trademark law is that generic words cannot be registered. In this post, we’ll explore why that is, how generic terms are defined, and what businesses can do to develop a protectable brand identity.
What Are Generic Words?
A generic word is a term that directly names a category of goods or services rather than identifying a particular source or brand. For example:
- Coffee for a coffee company
- Shoes for a footwear brand
- Law Firm for a legal practice
These words are common descriptors that all businesses within the industry must be able to use freely. Granting a single company exclusive rights to a generic term would unfairly restrict competition and limit how other businesses can describe their products or services.
The Legal Rationale Behind the Genericness Doctrine
Trademark law, particularly under the Lanham Act in the United States, prohibits the registration of generic terms because they do not serve as distinctive identifiers of a brand. The core purpose of a trademark is to help consumers distinguish one company's goods or services from another’s. If a word is generic, it fails this test because it names the product itself rather than its source.
The Genericness Test
When evaluating whether a term is generic, courts and the U.S. Patent and Trademark Office (USPTO) apply a two-part test:
1. What is the category of the goods or services?
2. Does the relevant public primarily understand the term as referring to that category?
If consumers associate the term with a general class of products rather than a specific source, the word is considered generic and cannot register as a trademark.
Avoiding Generic Terms When Creating a Brand
Because generic terms cannot be registered as trademarks, businesses should aim for names that are distinctive and capable of serving as unique identifiers. The spectrum of trademark distinctiveness categorizes terms as follows:
1. Generic (Unregistrable) – Laptop for a computer brand.
2. Descriptive (Difficult to Register) – Cold & Creamy for ice cream.
3. Suggestive (Stronger Trademark Potential) – Coppertone for tanning lotion.
4. Arbitrary (Strong Trademark) – Apple for computers.
5. Fanciful (Strongest Trademark Protection) – Xerox for photocopiers.
The more unique and distinctive a brand name is, the easier it is to secure trademark protection.
Conclusion
Generic words may be useful for describing products, but they cannot function as trademarks because they do not indicate a specific source. Businesses seeking strong brand protection should aim for distinctive, unique names that set them apart in the marketplace. If you're unsure whether your brand name is eligible for trademark protection, consulting an experienced trademark attorney can help you navigate the registration process and develop a strong intellectual property strategy.
If you need assistance with trademarks, The Trademark Law Firm is here to help. Contact us today to ensure your brand is legally protected.