Generic term

Generic terms

A generic term is the common name for the products or services in connection with which it is used, such as "salt" when used in connection with sodium chloride. A generic term is not capable of serving the essential trademark function of distinguishing the products or services of a business from the products or services of other businesses, and therefore cannot be afforded any legal protection. This is because there has to be some term which may generally be used by anyone—including other manufacturers—to refer to a product without using some organization's proprietary trademark. Marks which become generic after losing distinctive character are known as generic trademarks. Marks which are a misspelling of a generic term (e.g., the elimination of a space) do not change the generic significance of the term. Aspirin tablet is a registered trademark by Bayer AG. Aspirin is a generic word in the United States for the pain reliever acetylsalicylic acid (also known as ASA). Another example is the term "cyberpunk", which in the United States is a registered trademark by R. Talsorian Games Inc. for its tabletop role-playing game and within the European Union by CD Projekt SA for "games and online gaming services" (particularly for the video game adaptation of the former) and by Sony Music for use outside games. Trademark right is generally country specific. Thus, a mark that becomes generic in one country, such as the example of Aspirin, can still be used and recognized as a trademark in another country.