Is there a danger that my trademark can become generic?

Yes, there is a danger that a trademark can become generic. A trademark becomes generic when it loses its uniqueness. Generally, this means it is used so much in the everyday that it loses the special qualities that made if worthy of being a trademark in the first place. There is also legal significance and consequences when a trademark becomes generic.

How Trademarks Become Generic

When considering a trademark, the United States Patent and Trademark Office views its uniqueness along a scale. The scale ranges from strong to weak. Below are some of the terms used in it:

• “Fanciful” – original and having little if any reference to the nature of the product or service
• “Suggestive”- having primarily trademark significance but with suggestion as to nature of product
• “Descriptive”- not just suggesting, but actually describing the product or service
• “Merely descriptive”- having almost entirely reference to the product or service

Once a trademark gets into the area of being “merely descriptive,” it can be used to describe products similar to or even competing with the one trademarked. The owner runs the risk of the public using the trademark name to describe an entire class of products rather than his specific product.

When Trademarks Become Generic: Examples and Consequences

Some examples of items that were once trademarked, but have become generic are: cellophane, dry ice and email. At one point each of these referred to an individual product produced by one company rather than any similar product. Once this happens, it becomes difficult to maintain the trademark.

Advertising the product becomes difficult and the original company can lose sales and market share. It can be cancelled when a competitor starts an abandonment action. This is a lawsuit requiring that a trademark be cancelled because the original owner has not maintained exclusive use of the mark and has allowed it to become generic. The dangers of becoming “genericized” are good cause for a trademark owner to monitor competitors and take action when noticing unauthorized use. An intellectual property attorney can help you take such action.

Case Studies: Protecting Trademarks From Genericization

Case Study 1: Monitoring and Enforcement

A well-known consumer electronics company, AlphaElectronics, holds a trademark for their popular product “Betaphone.” Over time, the term “Betaphone” becomes widely used to refer to any smartphone in general, regardless of the brand. This poses a risk of genericization, as the term is no longer seen as distinctive to Delta Electronics’ product.

To protect their trademark, Delta Electronics actively monitors the market and takes swift legal action against competitors or third parties using “Betaphone” generically. They obtain intellectual property insurance coverage to cover the costs of legal proceedings and potential damages. This insurance provides financial protection and allows Delta Electronics to enforce their trademark rights, ensuring that “Betaphone” remains a distinct and recognizable brand.

Case Study 2: Branding and Marketing Strategies

A small startup, GreenSolutions, introduces a revolutionary eco-friendly cleaning product called “EcoFresh.” To prevent the trademark from becoming generic, GreenSolutions implements strategic branding and marketing strategies. They emphasize the uniqueness and distinct features of their product, emphasizing the use of the term “EcoFresh” as a brand name rather than a generic descriptor.

GreenSolutions also partners with retailers and distributors who agree to use the trademark properly and avoid generic usage. As an additional layer of protection, GreenSolutions obtains liability insurance coverage that includes advertising injury coverage, protecting them in case of any claims related to the misuse or genericization of their trademark.

Case Study 3: Education and Consumer Awareness

A well-established clothing brand, FashionTrends, faces the risk of genericization as their popular clothing item, “StyleJeans,” starts being used generically to refer to any trendy pair of jeans. FashionTrends takes proactive measures to educate consumers and promote the distinctiveness of their trademark. They launch marketing campaigns highlighting the unique design, quality, and craftsmanship of their “StyleJeans.”

They also collaborate with influencers and fashion bloggers to spread awareness about the brand and emphasize the importance of using “StyleJeans” specifically when referring to FashionTrends’ products. To protect against potential legal disputes arising from genericization, FashionTrends obtains intellectual property insurance that covers defense costs and potential damages, ensuring they can enforce their trademark rights.