- A generic term ‘is the common descriptive name of a class of goods or services
- The critical issue in genericness cases is whether members of the relevant public primarily use or understand the term sought to be protected to refer to the genus of goods or services in question
- Genericness is determined according to the two-step Ginn test: First, what is the genus of goods or services at issue? Second, is the term sought to be registered or retained on the register understood by the relevant public primarily to refer to that genus of goods or services?
- Also noted: stylized nature of the mark cannot save it from ineligibility as generic.
Federal Circuit Skewers Trademark Applicant | Harness, Dickey & Pierce, PLC - JDSupra