How generic a trademark has to be to receive less protection?
<p>When more generic a trademarked name is, the less protection it will get. E.g. names taken from mythology and folklore (or real world cities/locations) can possibly receive less protection, but how generic a trademarked name has to be to receive less protection? (Another note: searching on the trademark database of the USPTO for a name like &quot;Venus&quot; or &quot;Neptune&quot; returns a lot of results, so why are many uses of these names not infringing?)</p>

<h2>You misunderstand what a &quot;generic&quot; trademark is</h2>
<p>It is not true that a generic word used as a trademark receives less protection than a made-up word. And not just because:</p>
<p><a href="https://i.stack.imgur.com/xT4sh.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/xT4sh.png" alt="Thor &quot;All words are made up&quot;" /></a></p>
<p>Some of the <a href="https://www.visualcapitalist.com/top-100-most-valuable-brands-in-2022/" rel="nofollow noreferrer">strongest</a> brands in the world are generic words: Apple, Amazon, China Construction Bank, Agricultural Bank of China, State Grid, Deutsche Bank, Home Depot, Shell, Bank of China, Allianz, China Mobile, Bank of America, Nike, United Health Care, Chase, Oracle, Target, American Express, China Merchants Bank, China Life, Uber, General Electric. All of these are generic words (not all are English words).</p>
<p><a href="https://www.digip.com/en/blog/post/the-ultimate-guide-to-generic-trademarks" rel="nofollow noreferrer">Generic</a> in a trademark context has a specific meaning - that the trademark has become synonymous with the thing itself through general use. Once the general usage is such that the trademark no longer identifies the particular goods or services of the trade mark holder, it is no longer a valid trademark. This is why trade mark holders need to be vigorous in defending their rights and actively pursue all (or most) infringements. Disney isn't hard on third-party creators because they're nasty: they're hard on them because if they don't defend their trademarks they can lose them.</p>
<p>Some trademarks that have gone generic are:</p>
<ul>
<li>aspirin</li>
<li>heroin</li>
<li>escalator</li>
<li>granola</li>
<li>trampoline</li>
<li>jet ski</li>
<li>ping-pong</li>
<li>taser</li>
<li>tarmac</li>
<li>teflon</li>
<li>velcro</li>
<li>photoshop</li>
</ul>

trademark