A generic term identifies what the product is rather than who makes it and can never be protected. A registered mark may become generic through public usage, a process called genericide.
Booking.com held that generic terms with a domain suffix may be protectable.
Alternative Names:
Generic Mark|Genericide
Why it Matters?
Genericness is a complete defense available at any time, including against incontestable registrations, which makes it the strongest trademark defense where the evidence supports it. Consumer surveys measuring whether the public perceives the term as a category or a brand are the primary proof, and dictionary usage, media references, and competitor usage supply circumstantial support. Booking.com narrowed the categorical rule for domain-formative marks.
Frequently Confused with
Related terms
Frequently asked questions
Why is genericness the strongest defense?
What is the primary proof?
