Understanding Descriptiveness and Genericness in Trademarks

When selecting a trademark for your business, product or service, it's crucial to choose a mark that is legally protectable and enforceable. Two major pitfalls to avoid are marks that are deemed "merely descriptive" or "generic" by the United States Patent and Trademark Office (USPTO). Descriptive and generic marks face significant hurdles to registration and protection. Understanding the legal standards for descriptiveness and genericness, and strategies to avoid these objections, can help you develop a strong, defensible trademark from the start.

TMCase: World Champ Tech. LLC v. Peloton Interactive, Inc., 2024 U.S. Dist. LEXIS 27975

TMCase: World Champ Tech. LLC v. Peloton Interactive, Inc., 2024 U.S. Dist. LEXIS 27975. Summary judgement case.

• The defendant was entitled to summary judgment because there was no likelihood of confusion between its "Peloton Bike+" product and the plaintiff's "Bike+" app.
• The plaintiff's "Bike+" mark was descriptive as a matter of law.
• The plaintiff's 2021 app was a bona fide commercial use of its mark.