The New Standard for Generic Trademarks: Seattle's New Hotel Hotel
November 1, 2011
Michael Atkins in Genericism, Seattle Updates

Seattle’s new Hotel Hotel. Catchy (though unprotectable) name.

Seattle’s Fremont neighborhood has new accommodations: Hotel Hotel.

It’s a cute name, if not downright fashionable.

The problem is that if it succeeds, anyone can copy it. That’s because the trademark is generic. (For those nonlawyers out there, a generic trademark denotes the category of good or service, rather than a particular source of goods or services within that category. For that reason, it can’t serve as a trademark or be protected as one, no matter how well known it gets. Think you could protect TELEVISION as a brand of TVs?)

I’ve looked for the generic BEER beer of my youth. Or, should I say, beer that I noticed at the supermarket when I was a kid. Generic beer that actually said BEER in black letters on the can. That’s always epitomized generic trademarks for me.

Until now.

I hope Hotel Hotel is great success. (So far, the reviews are good.) The downside is if it catches on, it’ll have imitators it can do nothing to stop.

Article originally appeared on Michael Atkins (http://seattletrademarklawyer.com/).
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