genericness

Filed by a rival organization working the same territory (yes!), it's based on two arguments: "Fraud" on the PTO about how and when the mark was first used and whether the first use claimed is really for the pending DAY mark (indeed there's a lot of back and forth on this topic in the application archive), and "genericness" - i.e., that the "mark" will never acquire distinctiveness and never can and that the opposer will be harmed by the registration by being unable to talk about … that awareness thing.

LIKELIHOOD OF CONFUSION® 2009

Since Dell has attempted a sweeping trademark of its own, I wonder how the USPTO will look at its argument that the trademark should be cancled because of the “genericness” of the term netbook.

Dell Says No Netbook Trademark Needed 2009

- The amazing genericness of SOOPA, plus the fact that it reminded me of Kids Next Door

Superhero Nation: how to write superhero novels and comic books » Dr Eagle G’s Review Forum 2009

My beef with it is not so much a matter of my personal taste so as the genericness of the choice.

Number 9, Number 9 Heather McDougal 2009

My beef with it is not so much a matter of my personal taste so as the genericness of the choice.

Archive 2009-07-01 Heather McDougal 2009

In a petition for cancellation filed at the USPTO, Dell puts forth three logical reasons for nullifying Psion's "netbook" trademark: abandonment, fraud, and genericness.

Dell fights back against Psion netBook trademark rampage 2009

After the first episode, my boyfriend, who really likes other shonen shows, was dying of genericness.

Archive 2007-05-01 tenshi_a 2007

After the first episode, my boyfriend, who really likes other shonen shows, was dying of genericness.

recently watched anime tenshi_a 2007

In a couple of months, after the tablet-centric Android 3.0 becomes de rigeur for any decent producer of Android-powered knick-nacks and bobbles, we'll enter a new phase of Android tablets where across-the-field genericness is offset by the taste and utility of Honeycomb.

Gizmodo matt buchanan 2011

But I think there's still an argument for the term being protectible, at least in theory-there's a lot more going on in the case than the genericness question, and you should read Ryan's whole piece.

LIKELIHOOD OF CONFUSION? Ron Coleman 2010