Legal Question in Intellectual Property in California

Re: Trademark Question

In trademark law the definitions work a little differently. "Playground Grass" is not "generic," but it might be held invalid as a trademark on the grounds it is "descriptive."

For example, "aspirin" is no longer a trademark because common usage has rendered the term generic: The public no longer associates "aspirin" with any specific manufacturer. "Shredded wheat" is not a trademark because it is merely descriptive of the product.

As with most other types of legal disputes, you engage the other party by retaining an attorney and suing. You would sue in federal court to have the trademark ruled invalid, or for a ruling that your use of the mark does not infringe.