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Topic: Genericized trademark


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In the News (Sat 18 Nov 17)

  
  Trademark - Facts, Information, and Encyclopedia Reference article
If a trademark has become synonymous with the generic name of the product or service in connection with which it is used, it is sometimes referred to as a genericized trademark.
The proper use of a trademark means using the mark as an adjective, not as a noun or a verb [3] [4] [5], though for certain trademarks, use as nouns and, less commonly, verbs is common.
A trademark owner also uses trademark law to prevent unauthorised third party use of a mark which is identical to the owner’s mark, or which is so similar that use of the other party’s mark would result in a likelihood of confusion.
www.startsurfing.com /encyclopedia/t/r/a/Trademark.html   (4830 words)

  
  Encyclopedia: Genericized trademark   (Site not responding. Last check: 2007-10-18)
Trademarks, unlike other forms of intellectual property such as copyrights and patents, must be actively used and defended.
Genericized trademarks are former brand names once legallyprotected as trademarks, which have since come to signify a generic productregardless of its manufacturer.
Trademarks, unlike other forms of intellectualproperty such as copyrights and patents, must be actively used and defended.
www.nationmaster.com /encyclopedia/Genericized-trademark   (768 words)

  
 Reference.com/Encyclopedia/Genericized trademark
A genericized trademark, generic trade mark, generic descriptor, or proprietary eponym, is a trademark or brand name which has become the colloquial description for a particular class of product or service.
If a trademark is associated with a new invention, the trademark owner may also consider developing a generic term for the product to be used in descriptive contexts, in order to avoid inappropriate use of the "house" mark.
The terms "genericide" and "genericized trademark" are not terms of art; legally, "genericide" is a malapropism.
www.reference.com /browse/wiki/Genericized_trademark   (959 words)

  
 Encyclopedia article: Genericized trademark   (Site not responding. Last check: 2007-10-18)
Although many well known trademarks are often used in a generic manner, it does not necessarily follow that such trademarks have become 'genericized', particularly if the marks continue to fulfill the trademark function, and the mark owners maintain and enforce their rights.
As generic use of a trademark is often related to how well-known a trademark has become, some trademark owners hope that their marks will achieve genericity, or overlook a certain level of generic use, despite the inherent risk of generic use upon the maintenance of strong trademark rights.
Trademark owners should never use the trademark as a verb (A word that serves as the predicate of a sentence) or noun (A word that can be used to refer to a person or place or thing), implying the word is generic.
www.absoluteastronomy.com /encyclopedia/g/ge/genericized_trademark.htm   (5675 words)

  
 ipedia.com: Genericized trademark Article   (Site not responding. Last check: 2007-10-18)
Genericized trademarks (or, in British English, genericised trademarks) are former brand names, once legally protected as trademarks, which have since come to signify a generic product regardless of its manufacturer.
Trademarks, unlike other forms of intellectual property such as copyrights and patents, must be actively used and defended.
Trademark owners should never use the trademark as a verb or noun, implying the word is generic.
www.ipedia.com /genericized_trademark.html   (941 words)

  
 Genericized trademark - Wikinfo
Further, if a court rules that a formerly trademarked term has become so successful in gaining mind share and becomes "generic" through common use (and so the average consumer doesn't realize it is a trademark), it may also be ruled invalid.
If the trademark is associated with a patent, the patent holder may need to emphasize a descriptive term for the product that is distinguished from the trademark as a brand name.
The concept of genericized trademarks is parodied in the 1993 film Demolition Man where Taco Bell is used as the generic word for "restaurant"; even fine dining establishments.
www.wikinfo.org /wiki.php?title=Genericized_trademark   (2365 words)

  
 Wikipedia: Trademark - Wikipedia, the free encyclopedia
A trademark which is popularly used to describe a product or service (rather than to distinguish the product or services from those of third parties) is sometimes known as a genericized trademark.
If trademark owners do not hold registrations for their marks in such jurisdictions, the extent to which they will be able to enforce their rights through trademark infringement proceedings will therefore be limited.
Trademark law is designed to fulfill the public policy objective of consumer protection, by preventing the public from being misled as to the origin or quality of a product or service.
en.pediax.org /Trademark   (4866 words)

  
 Los Angeles Lawyer - Genericized trademark
A genericized trademark (Commonwealth English genericised trade mark or generic trade mark) is a trademark or brand name which has become synonymous with a particular type of product or service, to the extent that it often replaces the formal term for the product or service in colloquial usage.
Although many well known trademarks are often used in a generic manner, it does not necessarily follow that such trademarks have become 'genericized', particularly if the marks continue to fulfill the trademark function, and the mark owners maintain and enforce their rights.
As generic use of a trademark is often related to how well-known a trademark has become, some trademark owners hope that their marks will achieve genericity, or overlook a certain level of generic use, despite the inherent risk of generic use upon the maintenance of strong trademark rights.
www.danataschner.com /trademark_genericized.html   (2001 words)

  
 Los Angeles Lawyer - Trademarks
If a trademark has become synonymous with the generic name of the products or services to which it relates, it is sometimes referred to as a genericized trademark.
However, in some jurisdictions even trademarks which are otherwise generic or descriptive may be registrable where the public associates these trademarks with a particular commercial origin or source.
Instead, dilution protection law aims to protect sufficiently strong trademarks from losing their singular association in the public mind with a particular product, perhaps imagined if the trademark were to be encountered independently of any product (i.e., just the word Pepsi spoken, or on a billboard).
www.danataschner.com /trademarks.html   (3897 words)

  
 Genericized trademark - Open Encyclopedia   (Site not responding. Last check: 2007-10-18)
In 2003 the European Union is seeking to restrict the use of region names as trademarks for speciality food and drink to manufacturers from the region.
Extending these restrictions outside Europe is controversial because regional names that are trademarks within Europe are often considered generic in other countries.
The word tarmac is used by the uninformed to refer to airport runways, whereas it is the hardstanding or parking area that is properly the tarmac
open-encyclopedia.com /Genericized_trademark   (1039 words)

  
 About laws for trademarks, lawyers for trademarks, attorneys for trademarks
A trademark (Commonwealth English: trade mark) is conventionally a distinctive sign of some kind, whether that sign comprises a name, word, phrase, logo, symbol, design, picture, styling or a combination of one or more of these elements.
The essential function of a trademark is to uniquely identify the commercial source or origin of products or services, such that a trademark, properly called, is used to indicate source or act as a badge of origin.
The proper use of a trademark means using the mark as an adjective, not as a noun or a verb, though for certain trademarks, use as nouns and, less commonly, verbs is common.
hollywoodsearch.com /lawyers/trademarks.htm   (4293 words)

  
 Trademark Summary
When trademarks are presented to the public via advertising, marketing, trade shows, or other means, they become one of a company's most valuable assets—potential customers identify a company by its trademark.
The ™ symbol may be used when trademark rights are claimed in relation to a mark, but the mark has not been registered with the government trade marks office of a particular country or jurisdiction, while the ® is used to indicate that the mark has been so registered.
The proper use of a trademark means using the mark as an adjective, not as a noun or a verb [1] [2] [3], though for certain trademarks, use as nouns and, less commonly, verbs is common.
www.bookrags.com /Trademark   (5552 words)

  
 Fishing Lake Fork Live Copyright_Trademark Information
A trademark or trade mark[1] is a distinctive sign of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities.
A trademark is a type of industrial property, and typically comprises a name, word, phrase, logo, symbol, design, image, or a combination of these elements.
The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorised use of that trademark.
fishinglakeforklive.com /Copyright_Trademark.html   (871 words)

  
 Genericized trademark
The concept of genericized trademarks is parodied in the 1993 film Demolition Man where Taco Bell is used as the generic word for "restaurant"; even fine dining establishments.
It is made even more difficult where regional names have been trademarked outside Europe, such as Parma ham, which is trademarked in Canada by a Canadian manufacturer, preventing the manufacturers from Parma from using their own name.
Allen wrench - hexagonal screwdriver (A rarity among generic words, 'Allen wrench' is no longer trademarked, but is still capitalized because it is named after a company)
www.brainyencyclopedia.com /encyclopedia/g/ge/genericized_trademark.html   (937 words)

  
 Rough Type: Nicholas Carr's Blog: Open-source trademarks   (Site not responding. Last check: 2007-10-18)
Although the re-use of the term was done with complete innocence, it nevertheless clearly infringes on the trademark of O'Reilly and his partner - a valuable trademark - and O'Reilly's partner sent the company a perfunctory cease-and-desist letter in order to protect its property.
but to put a trademark claim on it is so anti-web 2.0, which according to o'reilly has much to do with community and collaboration.
I didn't say Ireland is the 51st state, servicemarks are trademarks (applied to services rather than goods), and you have rights over a claimed trademark while it is in the approval process.
www.roughtype.com /archives/2006/05/opensource_trad.php   (2315 words)

  
 US Lawyer Locator - Time to Genericize?
Collective membership marks are a type of trademark which, rather than indicating the source of a product or service, identify the user of the membership mark as a member of a particular group, in this case the National Association.
If you would like to read more about trademarks and the rights of trademark owners, there are a number of sites on the Internet, which address this topic.
It is made even more difficult where regional names have been trademarked outside Europe, such as Parma ham, which is trademarked in Canada by a Canadian manufacturer, preventing manufacturers from Parma in Italy from using their own name.
www.uslawyerlocator.com /genericizedtrademarks.shtml   (2249 words)

  
 Henry M. Abromson Esq. - www.AbromsonOnSportsLaw.com - Zamboni Generic Trademark - Copyrighting Sports Celebration Moves
Though the trademark’s status, as found from a search on the United States Patent and Trademark Office site, is still Live, there is mounting evidence that it is close to generic status.
If a trademark is not properly used and protected, it can lose its strength as an indicator of that good or service and become generic.
A once valid trademark can become generic and, thus, invalid when the significance of the word otherwise known to the public as an indicator of origin, becomes an indicator of the nature or class of an article.
www.abromsononsportslaw.com /zamboni.html   (1030 words)

  
 tmtypo.com » TradeMarks - Genericized trademark - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-10-18)
Similar pages OpenP2P.com — Trademarks Cory Doctorow expresses his point of view about trademarks to help you know the right questions to ask for your publishing efforts.
There is also a range of non-conventional trademarks comprising marks which do … Trademarks rights must be maintained through actual use of the trademark.
In the United States trademarks may be protected by both Federal statute under … Under state common law, trademarks are protected as part of the law of …
tmtypo.com /?p=3075   (345 words)

  
 Neologism - Wikinfo
Trademarks are often neologisms to ensure they are distinguished from other brands.
If legal trademark protection is lost, the neologism may enter the language as a genericized trademark.
For instance, the title of Joseph Heller's novel Catch-22 has become part of the vocabulary of many English-speakers.
www.wikinfo.org /wiki.php?title=Neologism   (3151 words)

  
 Kleenex Information
Kleenex is a brand name of facial tissue and a registered trademark of the Kimberly-Clark Corporation.
Because of the success of this brand, it has become a genericized trademark in American English and many people in North America today refer to any tissue as a "kleenex".
The material from which Kleenex is made was originally called "Cellucotton," and was designed by Kimberly-Clark during World War I.
www.bookrags.com /wiki/Kleenex   (303 words)

  
 Other forms of contacting Spirits
The fingers of the participants are placed on the planchette which then moves about a board covered with numbers, letters and symbols so as to spell out messages.
Ouija is a trademark for a talking board currently sold by Parker Brothers.
The use of talking boards has roots in the modern Spiritualism movement that began in The United States in the mid-19th century.
www.geocities.com /indianaghostevp2   (698 words)

  
 Speedo
For the Genericized trademark referring to the swimsuit style see Speedo (suit style).
Speedo also refers to a period in 1943 when the Japanese increased the work day of slave laborers to 18 hours in order to finish the Death Railway.
It is licensed under the GNU free documentation license.
www.ufaqs.com /wiki/en/sp/Speedo.htm   (549 words)

  
 Genericized trademark   (Site not responding. Last check: 2007-10-18)
Beginning in 2003 the European Union has sought to restrict the use of region names as trademarks for speciality food and drink to manufacturers from the region.
Dixie cups - disposable bathroom cups, also packaged ice cream cups, which according to Toilet Paper World is a trademark of the Fort James Corp.
Super Hero - trademarked jointly by Marvel and DC Comics, though usually regarded as a comic-book genre
genericized-trademark.iqnaut.net   (2329 words)

  
 CrunchNotes » O’Reilly Associated with “Web 2.0″ Trademark Scandal
The letter states that the use of the term is under a trademark application in connection with live events, conferences, etc.
A genericized trademark is “a trademark or brand name which is often used as the colloquial description for a particular type of product or service as a result of widespread popular or cultural usage.” http://en.wikipedia.org/wiki/Genericized_trademark
Hence, trademark rights may no longer be enforceable or at least it may be difficult for O’Reilly and crew to now legally enforce their rights.
www.crunchnotes.com /?p=216   (1554 words)

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