genericness

The quasi-landmark case was won on the basis that "Rovira's affirmative defense of genericness was not barred by the federal rules."

Music critics gave generally negative reviews to Popstars, noting the artificiality and genericness of both the band and the music.

The most frequent bases are likelihood of confusion with an existing registered mark and genericness or descriptiveness of the mark for which registration is sought.

The album received generally negative reviews from contemporary music critics, who commented on the artificiality and genericness of both Hear'Say and their music.

If the action is premised on a defect in the mark itself, such as likelihood of confusion, genericness, or descriptiveness, the applicant may need to present evidence and legal argument to overcome this rejection.

Some tomato connoisseurs say there has been a tradeoff for the Jersey tomato's newfound consistency: to a very small extent, it has fallen prey to the curse of genericness that made the Garden State product such an attractive alternative to gas-ripened or greenhouse tomatoes in the first place.

The Palm Bay Imports case suggests that it is the same test stating "[u]nder the doctrine of foreign equivalents, foreign words from common languages are translated into English to determine genericness, descriptiveness, as well as similarity of connotation in order to ascertain confusing similarity with English word marks."