Businesses and Individuals work hard to make their brands stand out. A strong, recognizable trademark helps a brand establish its identity and build customer trust. However, there's a hidden risk that comes with widespread success: genericide. This happens when a trademark becomes so commonly used that it stops being associated with a specific brand and instead turns into a general term for an entire category of products or services.
When a trademark becomes generic, it loses its legal protection. This transition doesn't happen overnight—it's a gradual process driven by consumer behaviour. A well-known example is "Google." Originally a trademark for Google LLC's search engine, it has become a verb in everyday language—people often say, "Google it" when referring to any online search, even if they're using a different search engine.
How a Trademark Becomes Generic
The journey from a legally protected trademark to a generic term follows a pattern. Initially, a trademark helps consumers identify a product's origin. However, as a brand gains popularity, the distinction between the brand name and the product itself can begin to fade if people start using the trademark as a common name rather than associating it with a particular company, the risk of genericide increases.
A classic example is the "escalator." It was once a trademark owned by the Otis Elevator Company, but over time, it became the generic term for all moving staircases. Eventually, Otis lost its exclusive rights to the name, and today, "escalator" is simply a general word for the product.
Famous Trademarks That Became Generic
Many well-known trademarks have fallen victim to genericide. Here are some that started as brand names but are now commonly used as generic terms:
Aspirin – Originally a trademark owned by Bayer, now the generic term for acetylsalicylic acid.
Band-Aid – A brand owned by Johnson & Johnson, often used to refer to any adhesive bandage. The company actively fights to protect its trademark.
Xerox -Once synonymous with photocopying, Xerox Corporation has worked hard to discourage using "Xerox" as a verb.
Kleenex – Frequently used as a generic term for facial tissues, though it remains a registered trademark of Kimberly-Clark.
Post it – Trademark by 3M, now referred to as any small paper piece.
Why Genericide is a Problem
When a trademark becomes generic, it creates several challenges for the brand owner:
- Loss of Exclusive Rights – Once a trademark is declared generic, the original company can no longer claim exclusive ownership, allowing competitors to use the name freely.
- Weakened Brand Identity – A genericized brand loses its uniqueness, making it harder for the company to stand out in the market.
- Consumer Confusion – Customers may struggle to distinguish between genuine and generic versions if the brand name is used for similar products.
- Quality Control Issues – Once a trademark becomes generic, any company can use the term, including those selling lower-quality products. This can damage the original brand's reputation.
How Indian Courts Have Addressed Genericide
In India, courts have played a crucial role in determining whether certain trademarks have become generic. Here are two significant cases:
1. Bourjois v. K.H.K.B. Enterprises (2004)
The Delhi High Court examined whether "Chanel" had become a generic term for luxury cosmetics. The court ruled that simply being well-known does not make a trademark generic—unless the public perceives it as a common term rather than a brand.
2. Dabur India Limited vs. Emami Limited (2005)
This case reinforced the idea that generic terms cannot be monopolized. The dispute was over the word "Chyawanprash," a traditional Ayurvedic product name. The court ruled that no company could claim exclusive rights over a term widely recognized as a product category rather than a brand name.
How Brands Can Prevent Genericide
To maintain trademark protection and prevent their brand names from becoming generic, companies can take the following steps:
- Educate Consumers Through Advertising – Companies should emphasize the correct use of their trademarks. For example, instead of saying "Kleenex," they can use "Kleenex brand facial tissues."
- Monitor Public Perception—Conducting surveys can help brands understand how their trademarks are being used and take corrective action if necessary.
- Avoid Using Trademarks as Nouns or Verbs—Brands should discourage generic use of their names, both internally and externally. Instead of saying, "Xerox that document," people should be encouraged to say, "Make a photocopy."
- Use Trademark Symbols – Adding the ® symbol to registered trademarks reinforces legal ownership and brand distinction.
- Rebrand if Necessary – Companies can consider adjusting their marketing strategy or rebranding to maintain distinctiveness if a brand is at risk of gendercide.
Conclusion
A trademark is one of a brand's most valuable assets, but its strength depends on how well it is protected. The process of genericide can strip a company of its exclusive rights, affecting brand recognition and market position. However, businesses can take proactive measures—through marketing, legal enforcement, and consumer education—to prevent their trademarks from becoming generic. In an ever-evolving marketplace, staying vigilant is key to ensuring that a brand name remains a powerful and protected identity rather than just another common word.
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