What is the difference between a trademark and a generic term in patent claims?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The distinction between trademarks and generic terms is crucial in patent claims:

• Trademark: Identifies the source of goods, not the goods themselves.
• Generic term: Describes the goods or materials directly.

The MPEP 2173.05(u) explains:

“It is important to recognize that a trademark or trade name is used to identify a source of goods, and is not the name of the goods themselves. Thus a trademark or trade name does not define or describe the goods associated with the trademark or trade name.”

Using a generic term instead of a trademark in a claim can help avoid indefiniteness issues. However, when replacing a trademark with a generic term, the examiner must ensure there’s sufficient support in the application for the generic term, as noted in MPEP § 2163, subsection II.A.3(b).