|
|
Subject:
Lost Trademarks
Category: Miscellaneous Asked by: mickeylt-ga List Price: $10.00 |
Posted:
03 Feb 2004 17:50 PST
Expires: 04 Mar 2004 17:50 PST Question ID: 303343 |
Is there anywhere I can get a complete list of former U.S. registered trademarks that were lost (i.e., whose owners lost the trademark rights) because the trademark became "generic" under trademark law? Background: In trademark law, you can't get trademark protection for a brand name that is the generic name for the product (e.g., "Bread" as a brand name for bread), and you can lose your trademark if it becomes so closely associated with the product that people use your brand name instead of the generic name for the product. For example, some words that used to be trademarks are: yo-yo, zipper, kerosene, aspirin, trampoline, escalator, heroin, cellophane, thermos, nylon, fiberglass, and linoleum. I'm looking for a complete list. | |
| |
| |
|
|
There is no answer at this time. |
|
Subject:
Re: Lost Trademarks
From: haversian-ga on 05 Feb 2004 12:08 PST |
Wikipedia has a (slightly) longer list, or Bobbie7 or I are off on our respective counts. I suspect our lists are substantially the same and since Bobbie7 got here first I'll let him take it when you're satisfied nobody else can find anything (that one was the only substantive list I found). -Haversian |
Subject:
Re: Lost Trademarks
From: ipfan-ga on 09 Feb 2004 10:00 PST |
I asked both the US Patent and Trademark Office and a commercial trademark research firm called Thomson & Thomson. Both of them were stymied. The problem is that registered trademarks that were cancelled due to their becoming generic BEFORE 1984 would not have been entered into any electronic database of current and former registrations. Thus, if "cellophane" was a registered trademark at one time and it was determined to be generic under Lanham Act Section 14(3) either through a determination made by the Trademark Trial and Appeal Board or a federal court prior to 1984, there would be no database records of that mark ever having been registered and subsequently determined to be generic. To develop a complete list, one would have to manually search all the records at the Trademark Office, looking for marks that were registered and then later had there registrations cancelled due to genericism. Note that your question specifies formerly REGISTERED trademarks. The various lists to which you have been directed contain words that may have been claimed by someone to act as trademarks and which later became generic in common usage, but that is different than having a list of actual REGISTRATIONS that were lost due to genericism. If you do not need examples of actual registered marks, then sure, the wikipedia list, although likely only anecdotal at best, will probably work as I cannot confirm that any of them were actually ever registered. See http://en.wikipedia.org/wiki/Genericized_trademark. |
Subject:
Re: Lost Trademarks
From: mvguy-ga on 09 Feb 2004 10:09 PST |
There is one possible error in the Wikipedia list. I don't believe that "spandex" was ever a trademark. |
Subject:
Re: Lost Trademarks
From: ipfan-ga on 09 Feb 2004 10:28 PST |
Dear mvguy, That's my point exactly. The owners of "spandex" could certainly have claimed it as a trademark--you do not have to register it in order for it to be a trademark; you must only use it on goods or services. Thus, who are we to determine if "spandex" was ever a trademark? As I said in my earlier post, I cannot determine if it was ever registered, but that does not mean that nobody ever used it an claimed it as a trademark. On those facts, in order for it to be deemed generic, there would have to have been a formal determination by a federal court that a mark was unenforceable due to its having become generic. Are there federal court cases declaring all of the words in the wikipedia list to be generic? I do not know. That is why all of this is mostly anecdotal. |
If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you. |
Search Google Answers for |
Google Home - Answers FAQ - Terms of Service - Privacy Policy |