When Marks Are Ruined By Their Own Success

Trademarks have always been the core of the business of any company as they are considered a valuable asset. They provide a way of communication from the brand owner to the consumers who are influenced by the reputation of a brand, for both products and services.

But what if the consumers cannot recognize the mark as distinguishing the goods or services of a brand from those of its competitors?

There is no doubt that registering a trademark will grant protection, yet, brand owners should be careful in using their trademarks as a way of defining their product. Once a trademark becomes a name that distinguishes a product or service, it becomes a Generic Mark wherein distinctiveness will not exist anymore and it may be subject to cancellation at any time.