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Generic trademark

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A genericized trademark (Commonwealth English genericised trade mark), sometimes known as a generic trade mark, generic descriptor or proprietary eponym, is a trademark or brand name which is often used as the colloquial description for a particular type of product or service as a result of widespread popular or cultural usage. Where a genericized trademark becomes or replaces the common term for a product or service, the mark has become generic. Escalator and Thomas Edison's mimeograph are classic examples.

A trademark typically becomes "genericized" when the products or services with which it is associated have acquired substantial market dominance or mind share. However, a trademark may still become genericized in the absence of significant market share through mechanisms such as viral marketing.

Whether or not a mark is popularly identified as genericized, the owner of the mark may still be able to enforce the proprietary rights which attach to the use or registration of the mark, so long as the mark continues to exclusively identify the owner as the commercial origin of the applicable products or services. If the mark does not perform this essential function and it is no longer possible to legally enforce rights in relation to the mark, the mark may have become generic. A generic mark forms part of the public domain and can be commercially exploited by anyone.

The process by which trademark rights are diminished or lost as a result of common use in the marketplace is sometimes known as genericide. This process typically occurs over a period of time where a mark is not used as a trademark (ie. where it is not used to exclusively identify the products or services of a particular business); where a mark falls into disuse entirely; or where the trademark owner does not enforce its rights through actions for passing off or infringement.

Avoiding genericide

Trademark owners will naturally seek to maximize the popularity of their marks, and some believe that it is useful to achieve a level of genericity, or may otherwise overlook a certain level of generic use, as this demonstrates how well-known a mark has become. Nevertheless, generic trademark use presents an inherent risk to effective enforcement of trademark rights. Genericide can however be avoided if trademarks are appropriately used and enforced.

For example, trademark owners should not use their trademark as a verb, noun, plural or possessive, as this will imply the trademark is generic (unless the mark itself is possessive or plural, e.g., "Friendly's" restaurants). If the trademark is associated with a new invention, the trademark owner could consider developing a generic term for the product to be used in descriptive contexts, in order to avoid inappropriate use of the trademark.

Where a trademark is used generically a trademark owner may need to take special proactive measures in order to retain exclusive rights to the trademark. Xerox provides one successful example of a company which was able to prevent the genericide of its core trademark through an extensive marketing campaign advising consumers to "photocopy" instead of "Xeroxing" documents (the brand did become generic in Russian, though -- see below). Another common practice amongst trademark owners is to follow their trademark with the word "brand" to help define the word as a trademark. Johnson & Johnson changed the lyrics of their BAND-AID television commercial jingle from, "I am stuck on BAND-AIDs, 'cause BAND-AID's stuck on me" to "I am stuck on BAND-AID brand, 'cause BAND-AID's stuck on me."

Terminology

The terms "genericide" and "genericized trademark" are not terms of art; legally, "genericide" is a "malapropism". Alternative terms have been suggested by various commentators, such as the judge in Plasticolor Molded Products v. Ford Motor Company, who suggested "genericization" or "trademarkicide" [1], Cecil Adams who suggested "brand eponym" in The Straight Dope [2], and others who have suggested "proprietary eponym". These latter terms and the term "genericized trademark" have not yet been used in legal literature whereas "genericide" has.

European Union

Since 2003 the European Union has actively sought to restrict the use of geographical indications by third parties outside the EU. Although a GI for specialty food or drink may be generic, a GI is not a trademark because it does not serve to exclusively identify a specific commercial enterprise, and therefore cannot constitute a genericized trademark.

The extension of protection for geographical indications is somewhat controversial because a GI may have been registered as a trademark elsewhere. For example, if Parma Ham was part of a trademark registered in Canada by a Canadian manufacturer, ham manufacturers actually located in Parma, Italy might be unable to use this name in Canada.

Other affected products include Champagne, Bordeaux and many other wine names, Roquefort, Parmesan and Feta cheese, and Scotch whisky. In the 1990s the Parma consortium successfully sued the Asda supermarket chain to prevent it using the description Parma ham on prosciutto produced in Parma but sliced outside the region. See also Protected Designation of Origin.

List of generic trademarks

The following list comprises those marks which were originally created and used as trademarks, but which have subsequently become entirely synonymous with the common name of the relevant product or service. Marks which appear in this list have become so generic that their former status as proprietary trademarks is often unknown to the general public. Such marks may therefore be considered "fully generic", whereas genericized marks which are at risk of becoming generic are listed in the next section.

If any of the original registrations for the trademarks appearing in this list remain in force, it is unlikely that the registered owners would be able to successfully enforce their exclusive rights against third parties.

List of genericized trademarks

The following list comprises those marks which were originally created and used as trademarks, and which may continue in use and be actively enforced by their trademark owners, but which are also generally acknowledged as being genericized trademarks. However, until such time as a specific mark is legally deemed abandoned, it is assumed that all entries in this list are proprietary marks, and the use of capital letters and either the ™ or ® mark may be required.

Although a mark appearing in this list may tend to become fully generic due to increasing generic usage, there is no broad consensus on this status, which tends to indicate that the mark has not yet become fully generic. Whether a mark appears in this list is therefore a subjective assessment, as some will deem various marks to be generic, while others will disagree. Regional variations will also play a role. However, all marks in the list are used generically to some extent.

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

U

V

W

X

Y

Z

Pharmaceutical and medical trademarks

As pharmaceutical products are often marketed under different names in different countries, sometimes these different trademarks may become generic in each separate country, but not in all countries (ie. a trademark which has become generic in one country for a specific product may not be generic for the same product in another country). The following list provides examples of such marks.

Terms which are not genericized trademarks

Some common names for products or services are popularly believed to be genericzed trademarks, however this in not the case as the names were never originally created or used as trademarks. Some examples are listed below.

In some case companies have managed to register common names as trade marks, however this typically results in the eventual cancellation or surrender of the registration concerned. This has occurred in the United States in relation to rooibos [14].

Genericized trademarks (non-English)

Non-English genericized trademarks are trademarks or brand names which have become words in common usage in that language.

Czech

  • Kofola - soft drink of brown colour trademarked after the fall of communism by one company

Dutch

  • Gatsometer - speed camera
  • Perspex - synthetic polymer resembling glass
  • Spa - mineral water, after the Belgian brand, Spa
  • Chocomel - a milk and cocoa drink, after the original brand Chocomel

Farsi

  • Gilette - Shaving razor
  • Kleenex - Tissue
  • Whitex - Chlorine based cleaning liquid
  • Delsey - Toilet paper
  • Rika - Dish washing liquid
  • Coca - Soft drink
  • Nescafe - Instant Coffee or just coffee
  • Coffe Mate - Coffee whitener (milk substitute)
  • Xerox - To photocopy (verb)
  • Pampers - Nappies (CE) - Diapers (NAE)
  • Jeep - Offroad vehicle
  • Walkman - Portable music player
  • Scania - Lorry
  • Allen (wrench) - Hexagonal wrench
  • Jacuzzi - Stream bath tub (with bubbles)
  • Ping-Pong - Table tennis
  • Polaroid - Instant pictures (obsolete word)
  • LEGO - Building toy (bricks)
  • Hoover - Vacuum cleaner
  • Aspirin - Aspirin tablets
  • Frisbee - Flying disc
  • Deotherm - Water-heater

Filipino

In the Philippines, many Filipinos often have the mannerism of calling different products of the same kind by the name of the first or the most distinct brand even if they are manufactured by a different company. A good example is the use of the name "Colgate" to refer to different brands of toothpaste, or "Lysol" to refer to different brands of disinfectant.

Finnish

French

German

  • Birkenstock - open sandals
  • Edding - felt-tip permanent marker
  • Fön - hair dryer, named after a warm air alpine wind
  • Kaba - chocolate milk powder/drink
  • Labello - moisturizing lipstick
  • Mondos - condom (East German)
  • Nutella - hazelnut chocolate spread (ex-East Germans sometimes use the name of the East German version, Nudossi)
  • Tempo - paper tissues
  • Plexiglas
  • Scheibletten - sliced cheese
  • Selters - sparkling water
  • Tesafilm - transparent adhesive tape ("Tesa" is the trademark in this word)
  • Tixo - transparent adhesive tape, mainly used in Austria
  • Uhu - liquid glue, especially paper glue
  • Zippo - gas-fueled lighter

Greek

  • Kariofili (Καριοφύλι) - A front-loading gun (From Cario & Figlio, a 18th Century maker of such guns)
  • Klark (Κλάρκ) - Forklift (from Clark - a manufacturer)
  • Merenda (Μερέντα) - Any spread similar to Nutella (a local Kraft brand)
  • Nes (Νες) - instant coffee (Nescafé, a Nestlé brand)
  • Nounou (Νουνού) - Canned concentrated milk (A Friesland Foods brand)
  • Philadelphia (Φιλαδέλφια) - Cream Cheese (a Kraft brand)
  • Stayier (Στάγερ) - Large military truck (from Steyr, a manufacturer)
  • Tzip (Τζίπ) - A vehicle for off-road use (Jeep, a DaimlerChrysler brand)

Hebrew

  • Pele-phone - informal Hebrew for mobile phone. The word 'pele' means a miracle in the Hebrew language. This is the name of the first company to provide mobile services in Israel, founded by Motorola. More formal terms for 'pelephone' are 'telefon selulari' (cellular phone) or 'telefon nayad' (mobile phone).

Indian

  • Godrej - steel cupboard. Named after the multi-product business house of India that once was synonymous with steel cupboards
  • Bajaj - auto rickshaws, synonymous with Scooters and Auto-rickshaws besides other famous products
  • Dalda - hydrogenated vegetable fat, comes from the manufacturer of the Vanaspati (hydrogenated vegetable fat). A member of the business family, HLL (Hindustan Lever Limited)
  • Xerox - Photo copy. It's common to see photocopying businesses display Xerox on large yellow name boards. Ex: Star Xerox, Gemini Xerox etc.
  • Tempo - A light truck. Derived from an automobile manufacturer Bajaj Tempo, now called Force motors.
  • Tortoise- A mosquito repellent in the form of a coil which when lit produces light smoke which drives away mosquitoes.
  • Band-Aid - Adhesive bandage.
  • Fridge - Refrigerator
  • Walkman - Personal audio player
  • Jeep- Off road vehicle, SUV.

Italian

  • Scotch - transparent adhesive tape

Norwegian

Polish

  • Adidas – training shoe
  • Discman – used in common language for any portable CD player
  • Electrolux – used in common language for any vacuum cleaner
  • Jeep – offroad vehicle
  • Junkers – gas heater
  • Ksero – photocopying machine from Xerox (kserować = to photocopy)
  • Nylon
  • Pampers – diaper
  • Pianola
  • Ping-pong – table tennis (informal)
  • Rower – bicycle, after James Starley's Rover bicycle (James's son, John Kemp Starley was a co-founder of the Rover car company)
  • Termos – thermos
  • Walkman – used in common language for any personal stereo
  • Wazelina – vaseline

Portuguese

Note: may vary between Portuguese-speaking countries

  • Discman – used in common language for any portable CD player
  • Durex – depending of the place, either a condom or transparent adhesive tape
  • Gilete (Gillette) – razor blade
  • Jipe (Jeep) – off-road vehicle of certain proportions
  • Walkman – used in common language for any personal stereo
  • Xerox – photocopy

Spanish

Mexico

Peru

Romanian

  • Adidas - sport shoe
  • Inbus (or mispelled imbus) - hexagon-section key ("Allen key"). The German name INBUS was a trademark of the Schraubenfabrik Bauer & Schaurte, Neuss, Germany. It is short for "Innensechskantschraube Bauer und Schaurte".
  • Ness (or nes) - any instant coffee
  • Pampers - diapers (nappies), from Johnson & Johnson's 'Pampers'
  • Protex - Condom (old use)
  • Jeep - off-road vehicle (old use)
  • Scotch - transparent adhesive tape
  • Frigider - refrigerator, from Frigidaire home appliances trade mark
  • Termopan - aluminium or PVC window frame (from Thermo Pan, a registered TM of Thermo Manufacturing Inc.)
  • Xerox - copy machine, from Rank Xerox Company

Russian

  • Граммофон (Grammofon) - sound playback device, from Gramophone
  • Диктофон (Diktofon) - a speech recording device, from Dictaphone
  • Джакузи (Dzhakuzi) - whirlpool bath, from Jacuzzi
  • Джип (Jeep) - off-road vehicle of certain proportions
  • Кеды (Kedy) from Keds training shoe. The same type of shoe known as Vans in the US
  • Ксерокс (Xerox) - copy machine, also used as a verb "ксерить" or "ксероксить"
  • Микрочип (Mikrochip) - ocassionally used for integrated circuit, from Microchip
  • Памперсы (Pampersy) - diapers (nappies), from Procter & Gamble's 'Pampers'
  • Пинг-понг (Ping-pong) - table tennis
  • Плексиглас (Pleksiglas) - clear acrylic plastic sheets, from Plexiglas
  • Примус (Primus) - kerosene stove
  • Скотч (Skotch) - a transparent adhesive tape
  • Термос (Termos) - vacuum flask, from Thermos
  • Тефлон (Teflon) - non-stick surface
  • Унитаз (Unitaz) - toilet fixture, from Finnish brand Unitas (Unity)
  • Фломастер (Flomaster) - felt-tip pen, from Flo-Master brand
  • Фреон (Freon) - refrigerant
  • Фрисби (Frisbi) - a flying disc, from Frisbee
  • Эскимо (Eskimo) - an ice-cream type

Slovak

  • Kofola - soft drink of brown colour trademarked after the fall of communism by one company

Switzerland

  • Natel - mobile phone (the name that the incumbent operator Swisscom, gave its mobile network from the full name of this, Nationales Autotelefon)

Turkish

  • Cemse - pronounced approximately "jam-say", comes from GMC, used for a kind of truck and military carrier
  • Selpak - paper tissue
  • Jilet - a safe razor, from Gillette brand
  • Kot - Turkish blue jean brand which first produced denim in Turkey
  • Cip - Any type of SUV, after U.S. "Jeep"

See also

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