Well the trademark is going the way of bandaid, and definitions change regularly.
Edit: I see you edited that part out.
Edit: I see you edited that part out.
("Open Source" itself isn't a trademark, but the OSI bits are, so I removed it to avoid confusion.)
(There's no indication that the legal construction of a trademark is "going the way of the bandaid", or that bandaids are "going the way of the bandaid" for that matter.)