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Michael Porter has argued that a firm's strengths ultimately fall into one of two headings: cost advantage and differentiation.
#PULPMOTION GENERIC TERMINOLOGY REGISTRATION#
What you would be left with is a registration protecting the design aspects of the mark, but not the wording. A firm positions itself by leveraging its strengths. If you are applying for a design mark such as a logo and all the words in the logo are generic, it is possible that the trademark examining attorney may require a disclaimer of all the wording. In such cases, the USPTO will likely require a disclaimer of the generic term, meaning that you would not claim any exclusive rights to the disclaimed portion of your mark. It is common for a trademark to consist of multiple words, one or more of which may be generic. What if one of the words in a mark is generic? Merely descriptive marks have hurdles to overcome to reach registration. It is highly probable that a non-generic mark may still be merely descriptive. If a mark is not generic, is it registrable?Įven if you can show that a mark is not generic, it would not automatically become registrable. A generic name is incapable of indicating source. Common sense would tell us that people ought to be able to freely use certain terms to refer to particular goods and services.įurthermore, keep in mind that the purpose of a trademark is to indicate the source of goods or services. A name that is generic for one type of product may be completely arbitrary (thus protectable) for other types of products or services. You must also consider the goods or services to be offered under the mark.
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The popularity of a name or phrase does not necessarily make it generic. Is a term generic because it is common or popular? If the primary significance of the mark to the relevant public refers to the class or category of goods (e.g., “apple” for the fruit), then the term is generic. What is the class of goods or services at issue?.It creates a private point-to-point connection. Generic routing encapsulation is a tunneling protocol created by Cisco that provides a private path for transporting packets through a public network by encapsulating packets. What is the test for determining if a term is generic?Īccording to TMEP § 1209.01(c)(i), the test for whether a term is generic involves comparing two pieces of information: Generic routing encapsulation (also GRE) Generic routing encapsulation definition. There is no more common term to refer to the apple fruit than simply “apple.” However, the term “apple” would not be generic for non-fruit items such as electronic devices. The only thing that ties them together in the. A non-Apple touchscreen device is a tablet, a non-Apple iPhone is simply a cell phone or a smartphone (nearly all cellphones today have the same touchscreen form factor) and a non-Apple iPod is a digital music player or an MP3 player. For example, the word “apple” would be generic for the fruit. I dont think theres a generic term that covers all of them. A generic mark is a word understood by the public as the common term for a product or service.