Examples: Kleenex=tissue, Xerox=copy, Coke=soft drink...
Anyone? Anyone? (Ferris Bueller tone)
_____________________<“Policing trademarks: abandonment and GENERICISM”>
<“Such efforts may or may not be successful in preventing GENERICISM in the long run, which depends less on the mark owner's efforts and more on how the public actually perceives and uses the mark.”>
<“The statutory ground of GENERICSM will not apply where a functional mark, through use, has acquired some distinctiveness. This could easily occur during the permitted monopoly of a utility patent on the best and most cost efficient color/configuration for a certain purpose. Further, a functional configuration which is a registered ‘mark’ is not likely to be in wide use at the time a lawsuit is brought, so GENERICISM may be unavailable as a defense to any ‘infringers’ using the functional feature before it is in common use in the industry.”>