Legal Question in Intellectual Property in Canada
Trademarks that become generic denominations
I want to know the following
where in the us law it states that trademarks that boceme generic denominations lose their protection.
are tehre any examples of this
are there any present trials of this
1 Answer from Attorneys
Re: Trademarks that become generic denominations
1. Where in u.s. law is that said?
It is in case law; I don't think it is 'codified' generally. Trademark protection
in general is case law (that is, common law), most of which derives from England and I
assume is also true in your Commonwealth, is it not?
There are many cases and probably some in most states.
2. Are there examples?
Kleenex and Xerox come to mind.
3. Any present trials?
It'd be very hard to find that out but also probably useless. Why would you want present trials (which
do not have legal bearing on your situation) instead of past trials, or, rather, past appeals which have precedential effect
under U.S. law?
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What is your situation? What's the name you're concerned about?
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