Generic Mark Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Generic Mark, written in plain English, along with examples of how it is used.

What is Generic Mark?

History and Meaning of Generic Mark

A generic mark is a term used to describe a word or symbol that is used to reference a type of product as opposed to a specific product brand. Essentially, a generic mark refers to a group of products rather than a single product. It is also important to note that a generic mark cannot be trademarked.

A common example of a generic mark is “tissue” or “facial tissue”. These words describe a type of product rather than a specific brand. As such, they cannot be trademarked. Similarly, the term “cola” refers to a type of soft drink, but no company can trademark this term to refer specifically to their own product.

In the context of trademark law, a mark must be distinctive to be eligible for trademark registration. A generic mark, by definition, is not distinctive, which is why it cannot be trademarked.

Examples of Generic Mark

• “Tissues” is a generic mark because it refers to a type of product rather than a specific brand.
• “Cola” is a generic mark because it refers to a type of soft drink rather than a specific brand.
• “Bread” is a generic mark because it refers to a type of baked goods rather than a specific brand.
• “Pain reliever” is a generic mark because it refers to a type of medication rather than a specific brand.
• “Computer software” is a generic mark because it refers to a type of product rather than a specific brand.

Legal Terms Similar to Generic Mark

• Descriptive mark: a term used to describe the nature or quality of a product. Descriptive marks can be trademarked if they have acquired secondary meaning.
• Suggestive mark: a term that hints at the nature or quality of a product, but does not directly describe it. Suggestive marks can be trademarked.
• Arbitrary mark: a term that has no connection to the product it is used to describe. Arbitrary marks can be trademarked because they are inherently distinctive.
• Fanciful mark: a term that is made up and has no meaning outside of its use as a trademark. Fanciful marks can be trademarked because they are inherently distinctive.