Genericness of a Brand Name – Genericide Examples and Tips to Avoid Brand Genericization
In this article, I will discuss various aspects brand genericization with examples.
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Definition of Brand Genericization
Sometimes, a brand name or trademark becomes victim of its own popularity and after acquiring generalized meaning or losing secondary meaning for products or services of similar purpose, is called generic or genericized, especially in some advance countries such as the USA and UK.
A genericized brand name often loses distinctiveness and fails to protect its exclusive trademark rights through legal decisions (for example, SELLOTAPE and THERMOS) in some countries. Recently, in December 2021, a US district judge ruled “the term gruyere, through the process of genericide, has become generic….” It is noteworthy that ‘Gruyere’ is a hard Swiss cheese. The decision has been appealed in next court. [RD]
In most cases, genericization of a branded product is the result of excessive marketing campaigns and promotions.
Trademarks, sometimes also suffer ‘genericide’ when their owners fail to renew the trademarks or lose a legal trademark dispute. In some examples, trademarks become genericide when abandoned by the owner, for example ‘Webinar’. [RD]
Although, the term is mostly used for pharmaceutical drugs but even a non-drug brands can also become genericized.
How is Genericness of a Trademark Determined?
To determine whether a registered trademark has become generic or not, generally evidence is collected from following ways.
It is considered whether the trademark is a dictionary word or not. For example, WIPO panel in one case allowed nike.dev in part because nike is a dictionary word having meaning of goddess of victory. [RD]
Whether the trademark has been used generically by the company itself or others. This is the reason companies (eg. Velcro) discourage use of their brand names as verb.
Generic use of a brand name or its trademarked slogan, in online and print media.
Household use by specific population and general customers while purchasing similar products.
Preventing Genericization of a Branded Name
For brand owners, sometimes it really becomes challenge to prevent a brand from falling into the graveyard of genericization. Following strategies should be followed for avoiding genericization of a branded product or service.
Possible Preventive Measures to Avoid Genericide
Following measure may help a brand name from becoming genericide. → Watch Video.
In marketing materials, on website and social media pages, use both a branded name as well as its equivalent meaning. For example, Pampers diapers.
Guide visitors and users to use the brand name in proper way, as did by most corporate brands on their websites. (Google example)
Encourage users while using brand name, it should be succeeded by descriptive meaning, for example, Velcro shoes or Canva image editor. However, sometimes for a completely new invention an alternative generic term is not available – for example, ESCALATOR became genericized because of lack of any short generic term at that time. [RD]
Discourage users to use branded name as noun or verb.
Brands on the risk of genericization, should vigilantly monitor any trademark infringement. They should constantly keep an eye on the newly registered domain names through ICANN lookup. The endangered brands should also look for new applications for trademark registrations on search databases such as WIPO database.
Use a distinctive brand name which should be clearly identifiable from other names in the market. For example, Google is a unique and distinctive name, and the company strongly protects its identity. It prohibits to use the brand name as verb. Your brand should also use distinctive brand colors and logos. [RD]
Some businesses use custom and unique colors, and fonts to preserve brand identity which also help in protection from genericization. for example, Dunkin uses DunkinSansDisplay font.
Some brands even advertise to steer consumers for proper usage of brand name. For example, in a 2003 advertisement, Xerox a photocopier brand, said, “"When you use 'Xerox' the way you use 'aspirin,' we get a headache." [RD]
Strategy of IBM Against Genericization
In a WIPO case in May 2022, a domain (ibmpc.io) registrant claimed that ‘IBM PC’ has become a generic term since 1980s. Though the claim was not accepted but it signifies the importance of taking measures to prevent genericization. [RD]
Therefore, International Business Machines Corporation, United States of America (IBM), has taken some measures to safeguard its name, logo and trademarked products and services. On IBM website, IBM clearly mentions rules for proper use of the branded names.
IBM does not allow any third party to use its logo except with express written permission of IBM. The company also prohibits creating a new logo of the brand name or for any of its products.
IBM recommends that each of its product names should be preceded by ‘IBM’ and with trademark or registered symbols; for example, IBM Cloudant® or IBM Plex® Sans. It also prohibits using as noun, the brand name or any other of its products. [RD]
Just like Velcro, IBM also recommends that its branded product names should be followed by its generic description. For example, WebSphere is an IBM software product, so in speaking or writing sentence, “I like WebSphere software” should be used – instead of “I like WebSphere”.
Brand name and trademarks should be used in proper and original capitalizations. For example, ‘IBM’ should be used instead of ‘ibm’ and ‘IBM Cloud Garage’ instead of ‘IBM cloud garage’.
Strategy of Velcro Brand Against Genericization
Velcro brand also takes steps to save its identity from genericization.
Velcro is a British brand and original manufacturer of double surfaced touch fasteners for quickly fastening shoes without need for buckles or zippers.
People generically started using the term ‘velcro’ for fasteners and adhesives for example ‘velcro’ usage as noun, ‘velcro straps’, ‘velcro fastening’, ‘velcro styles’. [RD]
The original manufacturer felt threatened so much of being genericide of their brand that they are using the word ‘brand’ as part of Velcro wordmark logo.
Velcro requested, “So please, do not say “velcro shoes” (or “velcro wallet” or “velcro gloves”) – we repeat “velcro” is not a noun or a verb. VELCRO® is our brand.”
The brand also requested to avoid using ‘velcro-ing’ or ‘velcro it’ terms in general communication [RD]. The brand had to defend its name when someone registered website domain with other extensions. [RD]
Velcro successfully defended more than 20 cases of trademark infringement in multiple countries. An infringer registered a domain in 2018 confusingly similar to Velcro, based on the claim that Velcro has become genericide. The judges rejected the claim observing that Velcro is taking aggressive measures to protect its brand against genericide, and its name and products are still clearly distinguishable in the market. The judges found that there is no evidence that Velcro has become generic. [RD]
Use of a Brand Name as Verb
United States Court of Appeals for the Ninth Circuit, in 2017 decision (Elliott v. Google, Inc., No 15-15809 (9th Cir. 2017) held a mere use of a trademark as verb does not automatically makes it genericide.
Amazingly, some brands delight and consider it as achievement when public uses the name as verb.
For example, in September 2018, the CEO of Uber, Dara Khosrowshahi said “Very few brands become verbs; for Uber to have achieved this shows how we’ve captured imaginations and become an important part of our customers’ lives.” [RD]
However, although above examples encourage to use business name as verb, in my opinion, it is not a wise option to openly allow public, using your brand name as a verb.
Examples of Genericized Brand Names
Following are the examples of some brands which have become generic with passage of time, at least in certain parts of the world and among certain class of population. Some examples here are still trademarks of their respective owners, at least in some countries. → Watch Video.
Pampers – Pampers is a product brand name (mark) for diapers – by Proctor & Gamble. However, it has become so much popular (genericized) in some countries (Nigeria, Russia, Pakistan, Puerto Rico, Cuba, Dominican Republic for example), that most customers ask for ‘pampers’ at the shop counter even if they are looking for some cheaper diapers from other local brands. [RD]
Bubble Wrap is still a registered trademark of Sealed Air, but it has become generic to describe any pliable transparent protective packing material and often used as bubble wraps, bubble wrapping sheet.
Frisbee is a sporting toy disc still a registered trademark by toy manufacturer Wham-O, but the term is often generically used to describe all flying discs.
Heroin was a trademark of Bayer AG until 1919. It was diamorphine sold as cough suppressant. Now it has become a generic term to describe addictive drug. In 2014, some stockholders criticized the past role of the brand into deadly products such as heroin. [RD]
Aspirin was once a branded medicine by Bayer but became generic in 1919. Presently, another version of aspirin is Disprin a branded product of Reckitt Benckiser Healthcare (UK) Ltd. Bayer also markets Aspro Clear having aspirin in some countries such as New Zealand and Australia. Since 2014, Bayer has registered aspirin as trademark of New Aspirin™ which is being marketed in countries of Europe and Latin America. [RD]
In Dominican Republic ‘pasola’ word is used to say scooter which is derived from a trademark. Similarly, ‘yipeta’ is also another generic term derived from a trademark to say jeep. [RD]
Vaseline became generic term for petroleum jelly.
Surf is a branded trademark name of detergent powder by Unilever. It has genericized for the washing powder. Probably this was the reason that company has changed its name in some countries as Surf Excel.
The word coke has become generic term for Coca-Cola carbonated drink. Even in some countries coke is also used for Pepsi-Cola and other colas. [RD]
Photoshop by Adobe has been often used as noun and verb.
Dalda is a trademark but in some countries, is often used as generically for ghee or hydrogenated vegetable cooking oil. [RD]
There are many MORE EXAMPLES relating to the brand genericization. These trademarks are also used as generic terms. Please note that some trademarks are still registered and protected in some countries, for example Yo-Yo is still a protected trademark in Canada. Some trademarks become generic only in specific territories, for example, Thermos still enjoys trademark rights in many countries globally, but a US court declared it generic in New York, Connecticut, and Vermont states of the US in 1963. [RD]
Thermos – vacuum flask, Yo-Yo – a toy, Zipper – clasp locker, Nylon – synthetic polymer, Murphy Beds – a space-saver bed, Ziploc – resealable storage bag, Kleenex (registered trademark of Kimberly-Clark) – facial tissue, ChapStick – lip moisturizer, Escalator – electric stairs, Dumpster – a waste collection container, Linoleum – a resin type material for covering floor, Band-Aid – an adhesive bandage, AstroTurf – an artificial surface for sports, Maggi – instant noodles, Realtor – property consultant, Rollerblade – skates, Xerox – photocopy, Windex – glass cleaner, Styrofoam – polystyrene used in packaging material, Kubotan – self-defense weapon, Teflon – a tough coating, Ping Pong – table tennis, Webinar – an online seminar, Uber – ride sharing.
Avoid Generic Words as Your Brand Names
Avoid generic or genericized words as making them brand names of your business, because such business names have lost distinctiveness. There would be strong probability that previous (current) owner may reclaim the generic term and secondly respective trademark agency in your country may also cancel the registration.
Generic words do not provide uniqueness which is required to defend your business name from possible infringement in future – if you have adopted and used a generic brand name then others can also do the same. In simple definition generic means commonly popular wordmark.
Examples of generic words include aspirin, zoom, coke, aqua, lollipop.
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