Yes. The USPTO can cancel a registration for a particular class or classes of goods or services while leaving the registration intact for another class or classes of goods or services. The Trademark Modernization Act allows the USPTO to expunge or reexamine specific classes of claimed use that lack evidence of actual and continuing use […]
It is possible to lose trademark rights by failing to enforce them. Failure to enforce trademark rights does not automatically invalidate the trademark. but allowing infringing uses can dilute the distinctiveness of a trademark or lead to it becoming generic. To remain viable as a trademark, it must operate to distinguish a product or service
Will I lose my trademark if I don’t enforce it? Read More »
While there is nothing a trademark owner can do to guarantee that the trademark will never be lost through genericide, there are things a trademark owner can do to lessen the risk of genericide. Always using a trademark as an adjective to describe a particular brand of a product or service rather than as a
How can genericide be prevented? Read More »
Genericide occurs when a trademark becomes a common generic name for a product or service. ESCALATOR is an example. At one time, it was a trademark for a particular brand of moving stairway. After a while, people came to use it as a generic word for any moving stairway, from any source. Now it is
What is “genericide”? Read More »
