Prevent Trademark Genericide

Previously, I discussed the benefits of and steps for registering a trademark. However, this post discusses what to do when your efforts were so successful that your trademark suffers genericide, ie a threat to a very successful trademark.

Unfortunately, even with distinctiveness, any successful trademark can face genericide, ie the process by which the public begins to use the trademark to refer to the product. Although a trademark that becomes a household name is the ideal, genericide defeats the purpose of having the trademark protection because a trademark is supposed to differentiate a brand from others (NOT to be used descriptively for any brand).

Examples of tradenames that lost their protection this way include 'Breeze' (for any type of soap powder), 'Febreeze' (for any type of fabric softener), 'escalator', 'cellophane', 'tupperware', 'band-aid' and so on. The process is actually currently happening with 'google', 'zerox' and 'photoshop'. See below how to avoid the challenge of genericide.

Strategies for protecting trademarks from genericide

If you do not lose trademark protection through genericide, you may secure your trademark indefinitely in the following ways. 

• Maintain registration by showing continued use of the trademark within the time interval required by the jurisdiction.  
• Always place the ™ or R symbol next to your trade mark. The R symbol represents 'registered' and provides exclusive right of use by law. These symbols signal or remind that the expression is a tradename and NOT a generic term.
• Use your mark along with a noun. Example. 'Do a Google search' rather than 'Google it' or 'Buy a [tradename]™ soap'
• Do not use your trademark like a verb or in any other descriptive way. Example. 'Google it', 'They photoshopped the image'
• Remain vigilant and take measures to deter others from using your name.
• Educate the public if a threat of genericide appears eminent. For instance, Xerox made a statement that "When you use ‘Xerox’ the way you use ‘aspirin,’ we get a headache"

CONTENT RELATED TO PREVENTING TRADEMARK GENERICIDE

• Registering trademarks