“Genericism” means that a term used as a trademark becomes a generic term of goods or service in ordinary ways of expression and under common practice of a market. Genericism is a significant issue which many well-known trademarks face.

So holders of well-known trademarks should invest enough capital to promote trademark brands, and enhance customers’ attention of distinguishing trademark brands and generic terms in order to prevent a counterpart’s claim of genericism in a trademark dispute.

In this case, the disputed trademark has been used and maintained appropriately after registration. It will cause this trademark to become the generic term of the goods or services and to lose its distinctiveness, if competitors are allowed to use the trademark in online English teaching or learning. And thus it may constitute a ground for cancellation provided in article 57 paragraph 1 subparagraph 4 of the Trademark Act (amended and promulgated on May 28, 2003) or article 63 paragraph 1 subparagraph 4 of the current Trademark Act.

Generic term, Distinctiveness