Originally Posted by johntosa
The law is clear. A generic product name followed by store is generic for retail store services featuring the product and does not qualify for trademark status. "K" is not a generic product name. Kmart is not a generic term for store or mart.
Not so on both counts. There is no "special list" of automagically excluded terms.
IANAL, but here is the USPTO's synopsis of the laws:1212.03 Evidence of Distinctiveness Under §2(f)
37 C.F.R. §2.41. Proof of distinctiveness under section 2(f).
(a)... (b)...To establish secondary meaning, a manufacturer must show that, in the minds of the public, the primary significance of a product feature or term is to identify the source of the product rather than the product itself.
Inwood Laboratories, Inc. v. Ives Laboratories, Inc., 456 U.S. 844, 851 n.11, 214 USPQ 1, 4 n.11 (1982).
That's all she wrote. Apple could ride that one to the bank. There's lots of other ways to illustrate distinctiveness too, like:1212.06 Establishing Distinctiveness by Actual Evidence
1212.06(b) Advertising Expenditures
1212.06(c) Affidavits or Declarations Asserting Recognition of Mark as Source Indicator
1212.06(d) Survey Evidence, Market Research and Consumer Reaction Studies
or Only User [my bold & u/l]
And the actual generics section1213.03(b) Generic Matter and Matter Which Does Not Function as a Mark
goes into detail of how a word may be generic, but the word in a particular stylized appearance can be registered. It's not a section on word disqualifications.1213.05 Unitary Marks
is all about how compound words can be registered interpreted as a single mark rather than as individual words.1213.06 Entire Mark May Not Be Disclaimed
describes how terms in a unitary trademark are legally handled, as in the individual words don't get owned as part of the trademark, just the composite use.
Again this all goes towards dispelling the notion of some form of blanket generic term issue with trademarks. The laws are explicitly written to have a specific means for dealing with the difference between the individual words and the composite registered mark meaning.
This was trivially easy to look up. I suggest you do your reading.