Mark function and use
Generic Terms — Trademark Office Action Guide
A generic mark is the common name for the category of goods or services itself. Generic terms can never function as trademarks regardless of use.
What the USPTO is saying
The examining attorney has determined that your mark is the generic name for the goods or services — what consumers call the product category, not a brand.
Why this issue is raised
No one can own exclusive rights to the common name for a product. Allowing generic registration would eliminate competition in naming.
How applicants typically overcome it
- Argue the term is suggestive or arbitrary in context, not the genus of the product.
- Provide evidence consumers recognize the term as a brand through surveys or dictionary use.
- Amend to a composite mark where the generic term is part of a distinctive whole.
- Consider whether a disclaimer rather than refusal is appropriate for a component term.
Related Office Action issues
Frequently asked questions
Need help responding to your Office Action?
Enter your USPTO serial number to see what issues apply to your application and get attorney-guided help with your response.
Attorney advertising. This page is general educational information and is not legal advice. No attorney-client relationship is formed until an engagement agreement is signed and a conflict check is completed.