Tabberone is pronounced tab ber won not tay ber own

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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From Creative Gifts v. UFO, 235 F.3d 540 (10th Cir. 2000) When the relevant public ceases to identify a trademark with a particular source of a product or service but instead identifies the mark with a class of products or services regardless of source, that mark has become generic and is lost as an enforceable trademark (Glover v. Ampak, Inc., 74 F.3d 57, 59 (4th Cir. 1996), citing 15 U.S.C. §1064(3)). For that purpose determinations of genericness are resolved under the statutory "primary significance" test (15 U.S.C. §1064(3)), and the "relevant public" are the actual or potential purchasers of the particular goods or services in the marketplace (Magic Wand, 940 F.2d at 640). Prominent examples of once valid trademarks that became generic through popular use are the words "escalator" and "thermos" (Beer Nuts, Inc. v. Clover Club Foods Co., 711 F.2d 934, 939 (10th Cir. 1983)).