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What is a Genericized Trademark?

Mary McMahon
Mary McMahon
Mary McMahon
Mary McMahon

A genericized trademark is a trademark which has come to be used to describe all similar products, rather than the product of a specific manufacturer. Some well known examples of genericized trademarks include kleenex, kotex, xerox, aspirin, heroin, crock pot, hoover, scotch tape, and rolodex. All of these names are used generically to describe particular products, despite the fact that they were once trademarked, and in some cases still are trademarked. By law, if a company does not take action to protect a product from genericization, it may lose its trademark.

The process through which a trademark becomes generic is sometimes called “trademark dilution” or “genericide.” Most companies want to avoid this, as it weakens the power of their product in the market. For example, because the term “band-aid” has become generic, the company which makes Band-Aid brand bandages may lose customers to other companies which use the company's trademark. A genericized trademark can kill a company's profits if it is not dealt with.

Scotch tape is a genericized trademark.
Scotch tape is a genericized trademark.

There are several ways in which a genericized trademark can happen. Commonly, a company captures the market for the product, as was the case with Xerox Corporation, which dominated the copier industry from the start, leading many people to buy Xerox products. Companies can also accidentally weaken their products through viral marketing or poorly worded advertising, allowing other companies to take advantage of their widespread marketing campaigns to promote their own products.

LEGO® has become a genericized trademark.
LEGO® has become a genericized trademark.

When a company senses a genericized trademark on the horizon, it can take steps to protect it. For example, many companies use what is known as a generic descriptor, a clarifying phrase which defines a product when used in combination with the trademark, clearly differentiating the trademark and the product. For example, one might hear about Kleenex tissues, or Hoover vacuums. Some companies also insert the word “brand” into their advertising, emphasizing the trademark, as in the case with LEGO brand blocks or Jell-O brand gelatin.

Heroin is a genericized trademark.
Heroin is a genericized trademark.

One interesting case of protection from genericization has occurred in the European Union, where many products enjoy what is called a Protected Designation of Origin. This means that only products made in a certain way in a particular region can be labeled as things like Parmesan, Champagne, or Prosciutto. This process is designed to protect traditional ways of making food, and to increase consumer confidence in popular products by ensuring a basic quality standard. In this case, the attempt to avoid a genericized trademark is designed to protect a traditional process, rather than a company's profits, although companies within these regions certainly do profit.

Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGEEK researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Learn more...
Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGEEK researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Learn more...

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    • Scotch tape is a genericized trademark.
      By: Cobalt
      Scotch tape is a genericized trademark.
    • LEGO® has become a genericized trademark.
      By: Anterovium
      LEGO® has become a genericized trademark.
    • Heroin is a genericized trademark.
      By: Richard Villalon
      Heroin is a genericized trademark.
    • Many people refer to tissues as a kleenex, because it's become a genericized trademark.
      By: Marin Conic
      Many people refer to tissues as a kleenex, because it's become a genericized trademark.
    • Ironically, product success can lead to a generalized trademark.
      By: alexskopje
      Ironically, product success can lead to a generalized trademark.