Saturday, January 20, 2007 Can generic terms become trademarks? By Clint Fabiosa & Andrew Ong I.Protect
It is already known that trademarks, even if registered, can become generic and be part of the public domain if not used properly.
But how about a generic term becoming a trademark if it is no longer in use by the public, or much like descriptive marks which are allowed registration upon proof of secondary meaning?
The consensus of most trademark experts is that generic terms can never become trademarks. Although there has been a case in the United States regarding the matter, the issue was not resolved with finality as the parties involved opted to settle the controversy amicably.
Interestingly, there are cases involving a previously registered trademark—ruled to have become generic—which was later successfully reclaimed by its owners. Two of such cases involve the famous marks Singer and Goodyear, and both are considered extremely rare cases.
