- Transparent flat fees · Attorneys with 25+ years of combined trademark experience
A generic term is the everyday name for a product, like "bicycle" or "hotdish," and the law never lets one business own it. A Minnesota trademark attorney at Twin Cities Trademarks helps you avoid building a brand on a generic word, protect a strong mark from becoming generic, and challenge a competitor who tries to claim a common term.
Flat, published fees · Offices in St. Paul & Coon Rapids · 100% recommend on Facebook (100+ reviews)
Short answer: A generic term is the common name for a type of product or service, and it can never be a trademark. The USPTO will refuse it on both the Principal and Supplemental Registers, and no amount of use or advertising cures it. Even famous brands can lose rights through genericide when the public starts using the mark as the product's name, as happened with aspirin, thermos and escalator. A Minnesota trademark lawyer can tell you whether your name is at risk and how to prevent it.
| Service | What's included | Fee |
|---|---|---|
| Federal trademark application (one class) | $700 legal fee + $350 USPTO filing fee | $1,050 |
| Each additional class | $150 legal fee + $350 USPTO filing fee | $500 |
| Office action response | Quoted before work begins | Typically $350–$900 |
| Statement of use (intent-to-use) | Per class, government fee included | $550 per class |
| Six-month extension of time to show use | Per class, government fee included | $550 per class |
| Formal screening search | Preliminary screening of your proposed mark | $600 |
| Comprehensive search | USPTO records plus state trademark registries | $1,600 |
Flat fees as published on our fee schedule. USPTO fees are set by the government and can change. Paying a filing fee does not guarantee registration.
A term is generic when the relevant public understands it primarily as the name of a category of goods or services, rather than as a brand. Courts and the USPTO ask two questions, drawn from the Federal Circuit's decision in H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs (1986): What is the genus of goods or services at issue? And does the relevant public understand the term primarily to refer to that genus?
Examples are easy to spot once you look: Bicycle for bicycles, Pizza for a pizzeria, Hotdish for frozen casseroles, Ice House for ice-fishing shelters, Pontoon for pontoon boats. Everyone in the market needs these words, so the law keeps them free for all.
Generic terms sit at the bottom of the spectrum and receive no trademark protection at all.
| Category | What it is | USPTO treatment | Scope of protection |
|---|---|---|---|
| Fanciful | Invented word with no prior meaning | Registers if no conflict; no distinctiveness proof needed | Broadest |
| Arbitrary | Real word unrelated to the goods or services | Registers if no conflict; no distinctiveness proof needed | Broad |
| Suggestive | Hints at a quality; takes imagination to connect | Registers on the Principal Register without proof | Moderate to strong |
| Descriptive | Directly describes a feature, quality, purpose or place | Refused under §2(e)(1) unless acquired distinctiveness is shown; Supplemental Register is an option | Narrow until secondary meaning is proven |
| Generic | The common name for the product or service | Always refused; no amount of use cures it | None |
Descriptive terms describe a feature of the product and can become protectable once they acquire distinctiveness. Generic terms name the product and never can. A claim of acquired distinctiveness under Section 2(f) does not overcome a genericness refusal, and generic terms are not eligible for the Supplemental Register.
The U.S. Supreme Court added an important wrinkle in USPTO v. Booking.com (2020): combining a generic word with ".com" is not automatically generic. The question is always how consumers actually perceive the term. Evidence like consumer surveys can make the difference, which is why a Minnesota trademark attorney should evaluate any mark built around a common word.
Even a fanciful or arbitrary mark can lose protection if the public starts using it as the name of the product. Aspirin, thermos, escalator and cellophane were all once brand names. A registration can be cancelled on genericness grounds at any time, even after it becomes incontestable.
Brands at highest risk are those that create a new product category. To protect yours, a Minnesota trademark lawyer will usually recommend these steps:
Courts look at how the public primarily understands a mark. In Elliott v. Google (9th Cir. 2017), the court held that using "google" as a verb did not, by itself, make the mark generic. Active policing still matters.
Sometimes the problem runs the other way: another business registers or asserts rights in a term your industry needs. If a competitor's application covers a generic term, you may be able to oppose it at the Trademark Trial and Appeal Board. If it is already registered, a petition to cancel on genericness grounds can be filed at any time. A MN trademark lawyer can also respond to a cease-and-desist letter that tries to stop you from using a common word. Learn more on our opposition and cancellation page.
You can still use a generic word in your brand. You just cannot own that word alone. Combine it with a distinctive element, such as Frost Haven Ice Houses or Cardinal Pizza, and the USPTO will typically require a disclaimer of the generic part. Your protection then rests on the distinctive word. Your Minnesota trademark lawyer will help you decide which part of the name needs to carry the brand.
Minnesota businesses run into generic-term questions in predictable places: food and beverage brands built on regional dishes, outdoor and lake-life products, construction and home-service companies, and Twin Cities tech companies that create a new product category and risk their brand becoming the category name.
A Minnesota trademark lawyer at Twin Cities Trademarks advises businesses in Minneapolis, St. Paul, Coon Rapids, Blaine, Woodbury, Maple Grove, White Bear Lake, Rochester, Duluth and St. Cloud. A MN trademark lawyer from our firm can meet by phone, video or in person at our St. Paul or Coon Rapids offices.
Transparent, flat-fee pricing. Federal applications start at $700 plus the $350 USPTO fee per class. Your Twin Cities trademark lawyer quotes every other service up front, before work begins.
Technically there is no such thing. A generic term is the common name for a product or service, such as bicycle for bicycles, and it cannot function as a trademark or be registered.
No. Generic terms are refused on both the Principal and Supplemental Registers, and evidence of acquired distinctiveness does not overcome a genericness refusal.
The USPTO and courts identify the genus of goods or services, then ask whether the relevant public understands the term primarily to refer to that genus.
A descriptive term describes a feature of the product and can become protectable with acquired distinctiveness. A generic term names the product itself and can never be protected.
Genericide is the loss of trademark rights when the public comes to use a brand name as the common name for the product, as happened with aspirin, thermos and escalator.
Aspirin, thermos, escalator and cellophane are classic examples of former trademarks that became generic terms in the United States.
Use the mark as an adjective with a generic noun, avoid using it as a verb or plural, give the product a separate generic name, publish usage guidelines and correct misuse.
Yes. A registration can be cancelled at any time if the mark becomes generic, even after it has become incontestable.
Not automatically refused. In USPTO v. Booking.com (2020), the Supreme Court held that a generic.com term is generic only if consumers perceive it that way.
Yes, combined with a distinctive element. The USPTO will typically require a disclaimer of the generic word, and your rights will rest on the distinctive part.
A disclaimer states that you claim no exclusive rights in the generic word apart from the mark as a whole. It is common in composite marks.
Not legitimately. If a competitor asserts rights in a generic term, a Minnesota trademark attorney can respond and, if needed, petition to cancel their registration.
You can file an opposition at the Trademark Trial and Appeal Board while the application is published, or a petition to cancel on genericness grounds after registration.
Not by itself. Courts look at how the public primarily understands the mark. Still, verb use is a warning sign that you should actively police.
Yes. Terms like hotdish or ice house that Minnesotans use to name a product are likely generic for those goods, even if they are less familiar elsewhere.
Dictionary definitions, media usage, competitor usage, the applicant’s own generic use and consumer surveys are common evidence.
No. Generic terms are not protectable as trademarks under state or federal law.
Twin Cities Trademarks quotes clearance, opposition and cancellation work up front. Federal applications start at a $700 flat fee plus the $350 USPTO fee per class.
Genericness questions turn on evidence and consumer perception, so a MN trademark lawyer can save you from investing in an unprotectable name or help you fight a competitor’s claim.
We evaluate names, recommend distinctive alternatives, register the protectable part, draft brand-use guidelines and handle oppositions and cancellations. Call (651) 222-3776 for a free consultation.
Free consultation by phone, video or in person in St. Paul or Coon Rapids.
Twin Cities Trademarks PLLC · St. Paul & Coon Rapids, MN. This page provides general information, not legal advice for your situation. Contacting us does not create an attorney-client relationship. Fees listed exclude USPTO government fees unless stated and may change; see our pricing page for current figures.
