A trademark is generic when it is used to identify a category as a whole rather than identify the source for a specific product or service. Generic marks therefore, fail to merit trademark protection. Even marks that have trademark protection may lose it if, through extensive use by other brands within the category, they become associated with a category rather than a specific brand.
A genericness survey typically seeks to assess whether relevant consumers consider a mark to be a common name or design, or a brand name or design. If consumers believe the mark is a common name (rather than associating it with a specific product or service), it provides strong evidence that the mark is generic. Similarly, if consumers believe the mark is associated with a single brand, the evidence is strong that the mark is not generic.
About Rhonda Harper LLC – Expert Witness
Located in Dallas, TX, Rhonda Harper has been retained by 95 law firms since 2013. With a focus on Trademark Infringement and Deceptive Advertising cases, Harper has conducted 50+ Likelihood of Confusion and Secondary Meaning surveys. She has been deposed ~50 times and served in ~20+ trials and arbitrations.