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Trademark owned by Philips in the European Union and various other jurisdictions, but invalidated in the United States due to it being merely a descriptive term. [2] [3] [4] Aspirin Still a Bayer trademark name for acetylsalicylic acid in about 80 countries, including Canada and many countries in Europe, but declared generic in the U.S. [5] Catseye
Genericization may be specific to certain professions and other subpopulations. For example, Luer-Lok (Luer lock), [9] Phoroptor (phoropter), [10] and Port-a-Cath (portacath) [11] have genericized mind share among physicians due to a lack of alternative names in common use: as a result, consumers may not realize that the term is a brand name rather than a medical eponym or generic term.
Another example of a descriptive mark would be a geographical word or phrase that merely indicates the origin of the product or service. For example, Houston based ice cream might find that the name "Houston ice cream" is denied trademark protection on the grounds that the word Houston is merely descriptive. However, they might have better luck ...
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Descriptive fair use: Using a descriptive mark in an ordinary, descriptive manner to describe a product or service. For example, describing a component within a dehumidifier as "honeycomb-shaped" was a fair use of a registered trademark for HONEYCOMBE dehumidifiers. [1] In other words, for descriptive fair use to arise, the following must be true:
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