Naming A New And Unique Thing

"If a man (or woman) invents a new article and protects it by a patent, then during the term of the patent, they will of course have a legal monopoly, but when the patent expires all the world may make the article, and if they may make the article they may say that they are making the article, and for that purpose use the name which the patentee has attached to it during the time when he had the legal monopoly of the manufacture." - Lord Davey in the case of Cellular Clothing Co v Maxton & Murray.

The primary purpose of a trade mark is to act as a badge of origin by distinguishing the goods of the proprietor from the same kind of goods made by others in the course of trade. In the event that a trade name becomes known to the consumer as being the name of the product itself, as opposed to identifying its source, the trade mark loses its essential distinctive character and hence its ability to act as a trade mark. This is known as "genericide" and has happened time