No Trademark Protection for Generic Marks

A generic term is the weakest type of mark and can not, under any circumstances, become a protectable trademark.  Likewise, a generic mark is not entitled to trademark registration with the United States Patent and Trademark Office (USPTO).  If the public perceives the term primarily as the designation of the good itself, then the term is generic.  Put simply, if a mark is primarily associated with a type of product rather than with the producer, it is generic.

Genericness can also be a defense to a claim of trademark infringement.  A recent example is instructive.  The mark at issue, "Texas Toast", was held to be generic because it is generally understood to mean a bread product that is larger than typical bread products.  This example confirms that the generic term "Texas Toast" is not entitled to any intellectual property protection.  Instead, it can be said to be unintellectual property.    

While merely descriptive marks are also not entitled to trademark protection or trademark registration, they may eventually be entitled to protection if they acquire distinctiveness through secondary meaning.  Therefore, while it is preferred to own a distinctive mark (i.e. suggestive, arbitrary, or fanciful), the determination of whether a mark is generic or descriptive is critically important.