Generic term
The common name for the thing itself. Never registrable.
You cannot register Bicycle for bicycles. Generic terms are unavailable to everyone, permanently, no matter how much you spend marketing them. A mark can also become generic through overuse - escalator and aspirin both started as brands.
Why it matters to your application
The one category with no route in. A generic term is the common name for the thing itself, and no amount of marketing spend, time or evidence will make it registrable. Unlike a descriptive mark, this is not a hurdle - it is a wall.
In order
- Check whether your name is simply what the product is called. If so, no trademark strategy will fix it.
- Watch for near-generic names assembled from generic parts. Combining two common words often stays generic.
- Add a genuinely distinctive element, or choose differently.
- If you already own a strong mark, use it as an adjective rather than a noun - that is how brands avoid becoming generic.
How this plays out
A business trading as the plain category name cannot register it, and cannot stop a competitor using it either. Every pound spent on awareness makes the category better known rather than the business more defensible.
About generic term
Can a generic term ever be registered?
No. Generic terms remain available to everyone permanently, however much is invested in them.
Can my trademark become generic later?
Yes. If the public starts using your brand as the name of the product category, the registration can be cancelled on that basis.
How do I stop my brand becoming generic?
Use it as an adjective with the product name after it, enforce consistently, and avoid using it as a verb or a plural noun in your own marketing.
General information about USPTO procedure, not legal advice about your situation. Always confirm the status and deadlines on your own application in USPTO TSDR.
Others you will meet at this stage
Common law rights
Rights you get from using a name, without registering it.
Choosing a nameDead mark
A record that is abandoned, cancelled or expired.
Choosing a nameDescriptive mark
A name that describes what you sell. Hard to register.
Choosing a nameDistinctiveness
How strongly a name works as a brand rather than a description.
Choosing a name