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


Asked on 10/13/99, 12:37 pm

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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Answered on 10/13/99, 8:05 pm


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