In everyday conversation, we often use brand names to describe general items or actions. Have you ever asked for a Kleenex instead of a tissue or referred to inline skating as Rollerblading? These terms started as trademarks for specific brands but have since become so commonly used that they’ve evolved into “generic trademarks,” describing a general category rather than a unique brand. Here’s an exploration of how trademarks turn into generic terms, why it happens, and the legal impacts it can have.
What is a Trademark?
A trademark is a distinctive symbol, word, or phrase legally registered to represent a company or product. It sets the brand apart, allowing consumers to distinguish one company's goods or services from those of another. Strong trademarks like Nike or Apple protect a company's unique identity, helping customers identify the origin of a product or service quickly.
When Trademarks Become Generic Terms
Genericide, or trademark genericization, occurs when a brand name becomes so popular that it’s used generically by the public. Over time, the brand name transforms into the default term for similar products, eroding the company’s legal claim over the trademark. Here are a few classic examples:
Aspirin: Originally a trademark of Bayer, “aspirin” became the generic term for acetylsalicylic acid.
Thermos: Once a brand name for a type of insulated beverage container, “thermos” is now used for any such product.
Escalator: Otis Elevator Co. originally held this trademark, but it eventually lost it as the term became synonymous with any moving staircase.
Xerox: Although still trademarked, "Xerox" became shorthand for photocopying, with people often saying “I need to Xerox this document” instead of “photocopy.”
When these transitions happen, the brand loses its uniqueness and risks becoming unprotectable under trademark law.
Why Genericization Happens
Several factors contribute to a brand name becoming generic:
Popularity and Market Dominance: When a brand dominates a particular market (such as Google for search engines), people may use its name as shorthand for the general activity (e.g., “Just Google it!”).
Lack of Alternatives: In cases where a company is the first to introduce a product or there’s no other widely recognized name for it, people use the brand name generically. For example, “Band-Aid” has few alternative terms for adhesive bandages, so the brand name becomes the default descriptor.
Everyday Usage: Media and public use can quickly transform a brand name into an everyday word. If journalists, movies, and consumers commonly use a brand name to mean any product of its kind, it accelerates genericization.
Company choices: Sometimes, companies inadvertently cause genericization by encouraging widespread use of their brand names. While it may lead to increased short-term brand recognition, it can dilute the trademark over time.
Legal Implications of Generic Trademarks
When a brand name turns into a generic term, it can be disastrous for the trademark owner. Trademarks that become generic lose their legal protection, meaning competitors can legally use the term. This phenomenon is termed "genericide," and it essentially kills the exclusive value of the trademark. Losing exclusivity can have the following impacts:
Loss of Brand Identity: The unique identity of the brand fades, making it harder to distinguish from competitors.
Loss of Trademark Rights: Competitors can freely use the term to market similar products, which can cut into the original brand’s market share.
Customer Confusion: Without clear trademark boundaries, customers may struggle to differentiate between products, affecting customer loyalty.
How Companies Protect Their Trademarks
To prevent their trademarks from becoming generic, many companies actively manage their brand language and usage. Some tactics include:
Promoting Generic Alternatives: Google, for instance, discourages using “Google” as a verb and encourages terms like “searching” or “conducting a web search.”
Brand Usage Guidelines: Companies may release guidelines about how their trademarks should and shouldn’t be used. For instance, “Xerox” encourages people to use “photocopy” as a general term, reserving “Xerox” for its brand specifically.
Trademark Enforcement: If companies observe competitors or media misusing their trademarks, they may take legal action to protect their brand.
Notable Trademarks that Avoided Genericide
Some brands have managed to avoid genericization by actively promoting alternatives or asserting brand usage. Here are a few examples:
Kleenex: The company encourages the use of "facial tissue" as the generic term instead of "Kleenex."
Velcro: The brand launched a humorous campaign to encourage people to say “hook and loop” instead of “Velcro.”
Google: Although the term “to Google” is widely used, Google has made concerted efforts to protect its name by discouraging it as a generic verb.
Here are 50 words that were once trademarks but have either become genericized or are frequently used in generic terms:
Aspirin – Pain reliever (Bayer)
Band-Aid – Adhesive bandage (Johnson & Johnson)
Bubble Wrap – Packing material (Sealed Air Corporation)
ChapStick – Lip balm (Pfizer)
Cellophane – Transparent wrapping (DuPont)
Crock-Pot – Slow cooker (Sunbeam Products)
Dumpster – Large garbage container (Dempster Brothers)
Escalator – Moving staircase (Otis Elevator Company)
Fiberglass – Reinforced plastic material (Owens Corning)
Frisbee – Flying disc (Wham-O)
Google – Search engine (Google LLC)
Hula Hoop – Plastic hoop for exercise/toy (Wham-O)
Jacuzzi – Hot tub (Jacuzzi Inc.)
Jet Ski – Personal watercraft (Kawasaki)
Kerosene – Fuel (Abraham Gesner)
Kleenex – Facial tissue (Kimberly-Clark)
Laundromat – Self-service laundry (Westinghouse)
Linoleum – Floor covering (Frederick Walton)
Mason Jar – Glass jar (John Landis Mason)
Onesies – Infant bodysuit (Gerber)
Ping Pong – Table tennis (Parker Brothers)
Popsicle – Frozen ice treat (Unilever)
Portakabin – Portable building (Portakabin Ltd)
Post-it – Sticky note (3M)
Q-tip – Cotton swab (Unilever)
Rollerblade – Inline skates (Nordica)
Scotch Tape – Transparent adhesive tape (3M)
Sheetrock – Drywall (USG Corporation)
Sharpie – Permanent marker (Newell Brands)
Speedo – Swimwear (Speedo International)
Styrofoam – Expanded polystyrene foam (Dow Chemical)
Super Glue – Adhesive (Super Glue Corporation)
Tarmac – Road surfacing (Edgar Hooley)
Teflon – Non-stick coating (DuPont)
Thermos – Insulated container (Thermos GmbH)
Touch-Tone – Phone dialing technology (AT&T)
Trampoline – Jumping apparatus (George Nissen)
Tylenol – Pain reliever (Johnson & Johnson)
Vaseline – Petroleum jelly (Unilever)
Velcro – Hook and loop fastener (Velcro Industries)
Videotape – Recording medium (Ampex)
Walkman – Personal stereo (Sony)
Weed Eater – String trimmer (George Ballas)
Xerox – Photocopier (Xerox Corporation)
Yo-Yo – Spinning toy (Pedro Flores)
Zamboni – Ice resurfacing machine (Frank Zamboni)
Ziploc – Resealable bag (SC Johnson)
Bubble Wrap – Packing material (Sealed Air Corporation)
Flip Phone – Folding phone design (Motorola)
Lava Lamp – Decorative lamp (Mathmos)
How would you call these things in the pictures? Write your answers in the comments below.
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