The phenomenon of generic trademarks presents a unique paradox in the world of intellectual property. A brand’s success and ubiquity can lead to its downfall in trademark terms, a process known as ‘genericide’. This article delves into the concept of generic trademarks, exploring how brands can inadvertently lose their trademark status and the measures they can take to prevent this from happening.
Generic trademarks occur when a brand name becomes so commonly used that it transforms into a generic term for a product or service, rather than an indicator of the product’s source. This transition from a distinctive trademark to a generic term can strip a brand of its trademark protection. The journey from a protected trademark to a generic term is often a victim of a brand’s own success. When the public starts using a brand name as the default term for a product or service, regardless of its source, the brand risks becoming generic.
Historically, there have been several high-profile cases of genericide. For instance, ‘Aspirin’ was once a trademarked name owned by Bayer, and ‘Escalator’ was originally a trademark of Otis Elevator Company. Over time, these brand names became the generic terms for the products themselves and were no longer seen as indicative of a particular company’s product. When a trademark becomes generic, any company can use it to describe their product, diluting the original brand’s market identity and value.
The process of a trademark becoming generic typically involves a gradual shift in public perception, where the brand name becomes synonymous with the type of product, rather than a specific brand’s product. This shift is often exacerbated by the brand’s dominant market position or its pioneering role in popularizing a new product or service. As the brand name becomes more prevalent in everyday language, the distinctive link between the product and its source weakens.
To prevent a trademark from becoming generic, companies must proactively manage and monitor how their trademarks are used, both by the public and in their own marketing efforts. One strategy is to emphasize the brand name as an adjective, rather than a noun or verb. For example, Google actively encourages the use of ‘Google search’ instead of using ‘Google’ as a verb on its own. This helps maintain the association between the trademark and the company, rather than the general action or product.
Another important measure is to take legal action against improper usage, particularly in commercial settings. Companies must vigilantly guard against their trademarks being used generically in media, advertising, and by competitors. While it’s challenging to control everyday language use, maintaining a presence in the commercial usage of the term is crucial for upholding trademark rights.
Educating the public and business partners about the proper use of a trademark is also essential. Companies can undertake advertising campaigns to remind consumers that a brand name is not a generic term but a specific brand’s identifier. This education can extend to retailers, distributors, and the media, encouraging them to use the brand name correctly in their communications.
In conclusion, the phenomenon of generic trademarks is a testament to a brand’s success but also a significant risk to its trademark protection. To safeguard against their brand names becoming generic, companies must engage in proactive trademark management, legal vigilance, and public education. These efforts are crucial in maintaining the distinctive character of a trademark, ensuring that it continues to serve as a unique identifier of the brand’s products or services.