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Frequently Asked Questions

What are generic trademarks and why should you avoid them?

Generic trademarks are those that describe an entire category of products or services, such as "computer", rather than a specific brand, like "Windows". These types of trademarks are generally avoided because they lack distinctiveness and uniqueness, which are key elements in creating a strong and effective trademark. A strong trademark is one that is easily identifiable and associated with your specific goods or services. It should be unique and distinctive, setting your brand apart from others in the market Generic trademarks, on the other hand, are weak because they do not distinguish your brand from others. They simply describe a type of product or service, making it difficult for consumers to associate them with a specific brand or company. Moreover, registering a generic trademark can be challenging. The United States Patent and Trademark Office (USPTO) requires that a mark must be distinctive and not generic or descriptive of the goods or services it represents. Therefore, you may not be able to register a generic trademark without first proving that consumers are familiar with the mark and associate it with your goods or services, granting it a "secondary meaning".

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