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What is a generic mark?

Founder & Trademark Attorney

A generic trademark is a brand name that is also the common, everyday term for the goods and services it is used with. "Bicycle" for a bicycle, "Software" for a software product, or "Bakery" for a bakery are examples of generic marks.

This type of mark cannot be registered as a trademark, and it cannot acquire trademark protection regardless of how long or extensively it is used. The purpose of trademark law is to protect source identifiers, and these types of terms cannot identify a single source and therefore cannot function as a trademark. A generic mark is not merely weak; it is permanently unregistrable.

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