Genericide: When Brands Become Generic
Building a strong brand requires a distinctive trademark that sets your product or service apart from the competition. However, if your trademark becomes too popular and people start using it as a general term for a type of product or service, you risk losing your exclusive rights to it. This phenomenon is known as “genericide.”
The Proper Use of Trademarks
Trademarks are most effective when they serve as adjectives that describe and distinguish your product or service, rather than becoming the product or service itself. For example:
- Instead of saying, “Pass me a Kleenex,” say, “Pass me a Kleenex tissue.”
- Instead of saying, “Google it,” say, “Do a Google search.”
- Instead of saying, “Xerox it,” say, “Make a Xerox photocopy.”
These practices keep the trademark closely linked to your brand, ensuring it remains a unique identifier rather than a generic term.
To prevent your trademark from falling into genericide, it’s crucial to maintain consistent and proper usage—both within your business and among the public. If a trademark is frequently misused as a noun, it risks losing its distinctiveness, leading to the potential loss of exclusive rights. Sustaining your trademark’s uniqueness involves promoting correct usage and actively managing your brand’s public perception. While you can guide how your trademark is used, it’s ultimately consumers who decide whether it remains a protected brand or becomes a generic term.
Protecting Your Trademark from Misuse by Others
Preventing genericide goes beyond proper usage; it also requires actively enforcing your trademark rights. If your trademark is used by unauthorised companies, it can dilute the value of your brand. When unauthorised use becomes widespread, the trademark risks losing its distinctiveness and may become generic.
To protect your trademark, it’s crucial to monitor and address any misuse. Counterfeiters and unauthorised users can erode the distinctiveness of your trademark, leading to its eventual loss of legal protection. The more a trademark is used without proper control, the greater the risk of it becoming a common term in the industry.
Legal Remedies for Genericide
In many jurisdictions, including the United States, the Philippines, and New Zealand, an administrative petition can be filed to cancel a trademark that has become generic. In Australia, however, such petitions must be filed in court. To succeed, the petitioner must prove that the trademark no longer functions as a unique brand identifier due to its widespread common use. On the other hand, the trademark owner can defend the registration by demonstrating that the trademark is still being used properly in connection with the goods and services for which it was registered.
It’s also important to understand that generic or descriptive terms cannot be claimed as exclusive intellectual property. Terms that describe a product or service category, like “Internet Service Provider” for online services or “Restobar” for restaurants, must remain available for all to use.
Examples of Genericide
History has shown that even the most successful brands can fall victim to genericide. Well-known trademarks such as Aspirin, Cellophane, Popsicle, Escalator, and Lollipop lost their legal protection in many countries because they became synonymous with the products they once branded. Even globally recognized brands like Google and Xerox have faced the same risk but managed to reclaim their trademark status by actively controlling the use of their names.
These examples illustrate the delicate balance required in brand management. While you want your brand to be widely recognized, there’s a danger in becoming too popular, to the point where your trademark becomes a generic term.
How We Can Help Protect Your Brand
At Markport™, we specialise in trademark protection and design, helping businesses navigate the complexities of trademark law. Our tailored solutions ensure that your brand remains distinctive and legally protected. We assist with trademark registration, enforcement, and brand management strategies to safeguard your brand’s identity and value.
Trademarks are vital assets, and with the right management and legal protection, they can remain strong and exclusive to your business. Let us help you secure and sustain your brand for the long term.