Why Generic Terms Cannot Be Trademarked—and What to Do Instead
Written by JLG - March 9, 2025
A strong trademark protects a business from competitors and builds brand recognition. However, not all names qualify for trademark protection. Generic terms—words that describe a general product or service—cannot be trademarked because they are essential for public use. Businesses that attempt to register a generic name often face rejection from the United States Patent and Trademark Office (USPTO).
Understanding why generic terms are unprotectable and exploring better alternatives can help businesses create a brand that stands out while securing legal rights.
What Is a Generic Term?
A generic term is a word or phrase that refers to a general category of products or services rather than a specific brand. Because these terms are commonly used by the public, no single business can claim exclusive rights to them.
Examples of generic terms include:
- Computer for a tech company
- Pizza for a restaurant
- Bicycle for a bike shop
- Coffee for a café
If businesses were allowed to trademark these words, competitors would be unable to describe their products, leading to unfair restrictions in the marketplace.
Why Generic Terms Cannot Be Trademarked
Lack of Distinctiveness
Trademarks must be distinctive to qualify for protection. Generic terms fail this test because they do not identify a single source of goods or services. Instead, they refer to an entire industry.
No Exclusive Rights
Since a trademark gives a business exclusive rights to use a name in its industry, allowing a generic term to be trademarked would prevent other businesses from accurately describing their own products. For example, if one company were granted a trademark for “Bread” in the food industry, competitors would be unable to use the word to describe their baked goods.
Risk of Losing Trademark Protection
Even strong trademarks can become generic over time if they are commonly used to describe a type of product rather than a brand. This process, known as genericide, has led to the loss of trademark protection for once-distinctive brands like:
- Aspirin (formerly a Bayer trademark)
- Escalator (originally a brand name by Otis Elevator Company)
- Thermos (once a protected trademark, now a general term for insulated bottles)
To avoid this risk, businesses must ensure their trademark is used as a brand name rather than a product description.
What to Do Instead: Choosing a Stronger Trademark
Since generic terms cannot be trademarked, businesses should consider alternative naming strategies that offer stronger protection.
Use a Fanciful or Arbitrary Trademark
A fanciful trademark is a completely invented word with no prior meaning, such as Kodak or Xerox. An arbitrary trademark uses a common word unrelated to the product, like Apple for computers. These trademarks are highly distinctive and easier to protect.
Create a Suggestive Trademark
A suggestive trademark hints at the product’s qualities without directly describing them. For example, Netflix suggests internet-based movies, and Coppertone suggests sun-kissed skin. These trademarks offer a balance between creativity and legal protection.
Combine Words to Make a Unique Brand Name
Businesses can take a generic word and combine it with other distinctive elements to create a unique name. Examples include:
- Cold Stone Creamery instead of just “Ice Cream”
- Speedy Wash Car Care instead of just “Car Wash”
- Blue Ribbon Bakery instead of just “Bakery”
Register a Logo or Slogan
If a business name is too generic, branding elements such as logos and slogans may still qualify for trademark protection. A distinctive design, color scheme, or slogan can help set a business apart.
Need Help Choosing a Trademark?
Generic terms are not eligible for trademark protection, but businesses have many other options for creating a strong, legally protectable brand name. Choosing a distinctive trademark from the start helps avoid legal issues and strengthens long-term brand identity.
If you are unsure whether your business name is eligible for trademark protection or need assistance selecting a strong trademark, we offer free consultations. Contact us today to discuss your options.