Genericized trademarks are trademarks used to mean more than the original product.
Legal Protection
Trademarks, unlike other forms of intellectual property such as copyrights and patents, must be actively used and defended. A copyright or patent holder may simply "sit on" his creation and prevent its use, but a trademark owner claiming and even registering a trademark that fails to make active use of it, or fails to defend it against infringement may lose the exclusive right to use it. Further, if a court rules that a formerly trademarked term has become so successful in gaining mind share and becomes "generic" through common use (and so the average consumer doesn't realize it is a trademark), it may also be ruled invalid. A trademark may also become generic if the owner of the trademark registration fails to comply with the registration requirements.
Trademark owners should never use the trademark as a verb or noun, implying the word is generic. Likewise, using the trademark as a plural or possessive (i.e. a noun) will imply the trademark is generic.
Trademark owners whose trademark is commonly used by consumers may have to take special proactive measures. Xerox took out ads advising consumers to "photocopy" instead of "Xeroxing" documents. In a less drastic but more common practice, many owners 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."
The concept of genericized trademarks is parodied in the 1993 film Demolition Man where Taco Bell is used as the generic word for "restaurant"; even fine dining establishments.
European Union
In 2003 the European Union is seeking to restrict the use of region names as trademarks for speciality food and drink to manufacturers from the region. Extending these restrictions outside Europe is controversial because regional names that are trademarks within Europe are often considered generic in other countries. It is made even more difficult where regional names have been trademarked outside Europe, such as Parma ham, which is trademarked in Canada by a Canadian manufacturer, preventing the manufacturers from Parma from using their own name. Products affected include Champagne, Bordeaux and many other wine names, Roquefort, Parmesan and Feta cheese, Scotch whisky and Parma ham. In the 1990s the Parma consortium successfully sued the Asda supermarket chain to prevent it using the trademark Parma on ham not produced and packed in Parma. See Protected Designation of Origin.
Former trademarks now used generically
- Allen wrench - hexagonal screwdriver (A rarity among generic words, 'Allen wrench' is no longer trademarked, but is still capitalized because it is named after a person)
- aspirin - ASA (still trademarked in Canada)
- cellophane - transparent paper
- celluloid - film material
- cola - soft drink; genericized part of Coca-Cola (see definition 2 at [1])
- Comptometer - adding machine
- dry ice - frozen carbon dioxide
- escalator - moving staircase
- gramophone - record player
- granola - oats and fruit bar
- heroin - narcotic drug; originally registered by Bayer as a pain reliever
- jungle gym - play structure (from 'Junglegym')
- LP - long playing record
- linoleum - floor covering
- merry widow - strapless corset
- mimeograph - reproduction machine
- moxie - courage (originally a soft drink)
- pianola - player piano
- pogo stick - bouncing stick (trademark was one word, 'Pogo')
- spandex - polyurethane fiber; an anagram of "expands" [1]
- tarmac - runway
- Webster's Dictionary - the trademark is on Merriam-Webster[1]
- yo-yo - toy
- zeppelin - dirigible
- zipper
Current trademarks that are often used generically
(This is necessarily a "subjective" list.)
- Airfix (UK) - plastic model
- Aqua-Lung - Scuba
- AstroTurf - artificial grass
- Baggies - food bags
- BAND-AID - self adhesive bandage
- Bubble wrap - air pocket wrap[1]
- Chap Stick - lip balm
- Cheetos - puffed cheese snacks
- Crock-Pot - slow cooker
- Dictaphone - dictation recorder
- Dixie cups - disposable bathroom cups
- Dumpster - large trash can
- Elastoplast - self adhesive bandage
- Ethernet - LAN protocol
- Fiberglass - glass fiber
- Frisbee - flying disc
- Formica - laminated plastic surface
- GoKart - mini racing cars
- Hoover - vacuum cleaner
- Hula Hoop - dancing ring
- Jacuzzi - whirlpool bath
- Jaws of Life - rescue tool
- Jeep - army vehicle
- Jell-O - gelatin dessert
- Kleenex - tissue
- Liquid Paper - whiteout
- Magic Marker - felt-tip marker
- Masonite - fiberboard
- Milk-Bone - dog treats
- Muzak - background music
- Nilla Wafers - vanilla wafer cookies
- Ouija - letters on a board game
- Pablum - baby cereal
- PG - parental guidance movie rating as are PG 13, NC
- Ping-Pong - table tennis[1]
- Playbill - theatre program
- Plexiglas - clear plastic sheets
- Post-It - self-adhering notepaper
- Polaroid - instant photography
- Popsicle - flavoured icicle on a stick
- Prozac - antidepressant
- Q-tips - cotton swabs
- Quaalude - drug methaqualone
- Quonset - instant hut
- Realtor - real estate agent [1]
- Rolodex - rotary card file
- Rollerblade - inline roller skates
- Roquefort - type of cheese
- Saran or Saranwrap - transparent plastic wrap
- Scotch tape - transparent adhesive tape
- Sellotape - transparent adhesive tape
- Sheetrock - plasterboard/drywall[1]
- Skidoo - snowmobile
- Skivvies - underwear
- Spackle - wall filling compound
- SPAM - packaged meat
- Stetson - cowboy hat
- Styrofoam - polystyrene filler
- Tabasco - hot spicy sauce
- Taser - electric shock stun gun
- TelePrompTer - electronic speech notes
- Teflon - non-stick surface
- Thermos - vacuum flask
- Tupperware - food storage ware
- Tylenol - acetaminophen tablets
- Valium - tranquillizer
- Vaseline - petroleum jelly
- Velcro - re-usable fastening tape
- VHS - videotape format
- Walkman - portable radio
- Windbreaker - light jacket
- Xeriscape - water conservation landscaping
- Xerox - photocopying
- Zamboni - ice resurfacing machine
- ZIP Code - postal code
- Ziploc bags - zipper storage bags
- Zodiac - inflatable boat
See also
External links
