{"id":221197,"date":"2023-02-28T06:48:39","date_gmt":"2023-02-27T17:48:39","guid":{"rendered":"https:\/\/legalvision.co.nz\/?p=221197"},"modified":"2023-03-01T14:27:18","modified_gmt":"2023-03-01T01:27:18","slug":"genericised-trade-mark-prevention","status":"publish","type":"post","link":"https:\/\/legalvision.co.nz\/trademarks\/genericised-trade-mark-prevention\/","title":{"rendered":"What is a Genericised Trade Mark NZ?"},"content":{"rendered":"\n

Having your trade mark become popular is great for business. After all, this means that your brand has become recognisable to the general public. However, it is important that your trade mark does not dominate the market so that your mark becomes generic. This article will guide you through what makes a trade mark genericised and how you can prevent this from happening to your trade mark. <\/span><\/p>\n\n\n\n

What is a Generic Trade Mark?<\/span><\/h2>\n\n\n\n

The term \u2018generic trade mark\u2019 refers to a common term used to describe a good or service. For example, a business selling orange juice under the brand \u2018orange juice\u2019 would be considered a generic mark. A generic mark is considered weak because it is neither distinctive nor unique.\u00a0<\/span><\/p>\n\n\n\n

Generally speaking, generic marks are ineligible for trade mark registration in New Zealand. This is because everyone should have the right to describe the goods or services they sell. For example, consider the above example of an orange juice business. All businesses that sell orange juice should have the right to use the term \u2018orange juice\u2019 in the normal course of business. However, if one orange juice business has a mark for the term, all other businesses are prevented from using it. This creates an unfair monopoly.<\/span><\/p>\n\n\n\n

As such, marks that would monopolise a common term are unlikely to be registrable as a trade mark.\u00a0<\/span><\/p>\n\n\n\n

When Does a Mark Become Genercisied?<\/span><\/h2>\n\n\n\n

The law treats a trade mark as genericised where a good or service becomes synonymous with its brand name. This usually happens when<\/span> the good or service has become so dominant in the market that it has a near-monopoly. In these instances, the law treats the trade marks as genericised.\u00a0<\/span><\/p>\n\n\n\n

The IPONZ removes trade mark registration protection for genericised trade marks. This enables competitor businesses to use the genericised term to describe their goods or services.<\/span><\/p>\n\n\n\n

In New Zealand, the law considers a trade mark genericised<\/span> if the mark has become generic through widespread public use. Despite this, it is quite challenging to have a trade mark removed from the register for genericisation in New Zealand.\u00a0<\/span><\/p>\n\n\n\n

Firstly, the IPONZ only removes trade mark if the trade mark owner has not been sufficiently active in managing the trade mark. In effect, this means that IPONZ will not remove your trade mark from the register if you have taken steps to prevent it from becoming genericised. <\/span><\/p>\n\n\n\n

Further, the law provides that a trade mark may be generic where the public views it as so popular that it is synonymous with the good or service. This is a high threshold. amongst the general public that it is almost the exclusive descriptor of the good or service.\u00a0<\/span><\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n

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