Generic Marks at Law Glossary

What is it? These are words or symbols that describe the product or service itself as a category, rather than distinguish between competing versions of the product or service. For example, shredded wheat is a generic term that refers to the category of breakfast cereals that are composed of layers of crunchy wheat strips molded together into a pillow-type shape. This cereal may be manufactured by Kelloggs, Post or others., and each manufacturer is free to use the term shredded wheat to advertise their version of the cereal. To prevent them from using shredded wheat would mean they could not equally compete with regard to this product. Thus, generic words are not protected as trademarks precisely because to do so would be akin to granting a monopoly in the product itself, not in a word or symbol.

Legal Definition Added By: Jack

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