Generic terms that describe a product or service do not work to distinguish one product or service from another and, therefore, they do not receive trademark protection. These descriptive terms are in the public domain and can be used by anyone.*
Even originally non-generic brand name trademarks like
Kleenex (for tissues) and
Escalator (for moving stairs) can lose trademark protection over time if they become so closely connected in people's minds with the products or services as a whole that all "like" brands are referred to by these trademarked names. Both
Google and
Xerox are trying to prevent their trademarks from becoming generic terms, which loses for them protections offered under trademark law.
Google, for example, is now frequently used by consumers to describe any search conducted on the internet (ie, "google that term") and
Xerox is frequently used to describe any copying service.
So it is reasonable to assume that
Foods and
Food LLC are likely examples provided by PatyD and are not the actual names of PatyD's company. . . .
*some exceptions may apply
