Hello, Just wondering if generic words can be used as a trade mark? For example is adult-toys.com an infringement on adulttoys.com they are obviously in the same business. Thanks for any info!
That exact example would probably be okay and non-infringing, as it is merely descriptive. That doesn't mean someone wouldn't sue you, but it means you likely would win if they did.
If used distinctively rather than descriptively or what it's commonly known for, yes. Shell is commonly known as a mollusk, yet it's a trademark for petroleum products. Depends on usage or context.