In trademark law, general terms (often referred to as generic terms) are words that directly name or identify the product or service itself, rather than indicating its source.
These are the most basic terms in the marketplace (e.g., “milk” for dairy, “rice” for grains, “shoes” for footwear). Because they describe the product category, not the brand, general terms cannot be registered as trademarks.
Key Characteristics of General (Generic) Terms
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Direct Reference
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They tell the public what the product is, not who provides it.
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No Distinctiveness
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They fail to distinguish one trader’s goods/services from another’s.
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Not Eligible for Trademark Protection
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Trademark law prohibits granting a monopoly over common words needed by everyone in the industry.
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Free for All
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Competitors and traders in the same industry must be able to use these terms freely.
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Examples of General Terms
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“Milk” for dairy products
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“Bread” for baked goods
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“Computer” for electronic devices
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“Pen” for writing instruments
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“Phone” for telecommunication devices
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“Sugar” for sweeteners
If someone tried to trademark “Rice” for selling rice, it would be rejected because it is a general term.
Why Are General Terms Not Allowed as Trademarks?
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Fair Competition – Businesses should not be able to monopolize a word everyone needs to describe the same product.
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Consumer Protection – Prevents confusion in the market.
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Trademark Purpose – A trademark’s role is to identify the source of goods, not the goods themselves.
Difference Between General Terms and Distinctive Trademarks
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General Term: Describes the product itself → “Milk” (unregistrable).
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Distinctive Trademark: Separates a product from competitors → “Amul” for milk (registrable and protectable).
Conclusion
General terms in trademark law are generic words that simply identify the product or service itself. They lack distinctiveness, cannot be monopolized, and are not eligible for trademark protection. For businesses, it is crucial to choose a distinctive, unique, and protectable mark (like fanciful, arbitrary, or suggestive terms) instead of relying on generic or general words.