USPTO Update Brings Consistency To Genericness Standard

By Tiffany Hu (May 24, 2022, 8:28 PM EDT) -- The U.S. Patent and Trademark Office has updated its standard for rejecting trademarks that are deemed generic, a move that attorneys say will bring more consistency to trademark proceedings but also will require applicants to prepare to defend against genericness findings earlier on.

The USPTO will no longer use the term "clear evidence" to refer to the evidentiary standard that the agency's examining attorneys must meet to support their decisions to refuse applications for trademarks that are deemed generic, the agency said in an examination guide published Monday.

Instead, the standard for examining attorneys to show a prima facie case of...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!