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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. [1] [2] [3] 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. [4] Catseye
A trademark owner who confines his trademark usage to a certain territory cannot enjoin use of that trademark by someone else who in good faith established extensive and continuous trade in another territory where the plaintiff trademark owner's product is unknown. United Drug Co. v. Theodore Rectanus Co. 248 U.S. 90: Dec. 9, 1918: Substantive
The doctrine of foreign equivalents is a rule applied in United States trademark law which requires courts and the TTAB to translate foreign words in determining whether they are registrable as trademarks, or confusingly similar with existing marks. The doctrine is intended to protect consumers within the United States from confusion or ...
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.
A trademark is a word, phrase, or logo that identifies the source of goods or services. [1] Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods ...
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