What is a generic trademark?

A generic term is the common name for a type of product or service and generally cannot function as a trademark.

For example, a business typically cannot claim exclusive trademark rights to the ordinary name of the products it sells.

Generic terms generally are not eligible for trademark protection.

Trademark law places marks on a spectrum of distinctiveness. In general, the more unusual and brand-specific a mark is, the easier it is to distinguish from ordinary language and the stronger it may be as a source identifier. Fanciful, arbitrary, and suggestive marks are usually stronger than merely descriptive wording, while generic terms generally cannot function as trademarks for the goods or services they name.

The USPTO evaluates the mark as a whole and in relation to the specific goods or services listed in the application. A term that is weak or descriptive in one industry may have a different meaning in another, so eligibility is highly dependent on context.