Generic trademark

A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that, because of its popularity or significance, has become the generic term for, or synonymous with, a general class of products or services, usually against the intentions of the trademark's owner.

A trademark is prone to genericization, or "genericide",^[1]^[2] when a brand name acquires substantial market dominance or mind share, becoming so widely used for similar products or services that it is no longer associated with the trademark owner, e.g., linoleum, bubble wrap, thermos, taser.^[3] A trademark thus popularized is at risk of being challenged or revoked, unless the trademark owner works sufficiently to correct and prevent such broad use.^[4]^[5]^[6]

Trademark owners can inadvertently contribute to genericization by failing to provide an alternative generic name for their product or service or using the trademark in similar fashion to generic terms.^[7] In one example, the Otis Elevator Company's trademark of the word "escalator" was cancelled following a petition from Toledo-based Haughton Elevator Company. In rejecting an appeal from Otis, an examiner from the United States Patent and Trademark Office cited the company's own use of the term "escalator" alongside the generic term "elevator" in multiple advertisements without any trademark significance.^[8] Therefore, trademark owners go to extensive lengths to avoid genericization and trademark erosion.

^ Shenker, Israel (1972-11-20). "Trade Names Come and Go and Now There's — Exxon". The New York Times. ISSN 0362-4331. Retrieved 2023-12-18.
^ "genericide". LII / Legal Information Institute. Retrieved 2023-12-19.
^ Cite error: The named reference :0 was invoked but never defined (see the help page).
^ Fisher, William (n.d.). "Overview of Trademark Law". Harvard Law School. "Under some circumstances, terms that are not originally generic can become generic over time (a process called "genericity"), and thus become unprotected."
^ Hyra, Clifford D. "How Long Does a Trademark Last?". Patents 101. Hyra IP, PLC. Archived from the original on 25 January 2010.
^ "Invalidity and revocation (cancellation)". European Union Intellectual Property Office. Retrieved 2023-12-21.
^ "Entertainment Title Duplication Cases: A Process of Evolution". Indiana Law Journal. 39 (110). 1963-10-01. ISSN 0019-6665.
^ "Haughton Elevator Company v. Seeberger". The Trade-Mark Reporter. 40: 326. 1950. (Thus, in the Architectural FORUM for March 1946, appears an advertisement beginning as follows: "Otis elevators Otis escalators." From this it is seen that the word "escalators" is used generically or descriptively and without any trademark significance just as is the word "elevators." Also, in the same magazine for January 1946, on page 184 thereof, appears the advertisement of the Otis Elevator Company with the name "OTIS," in a circle, prominently displayed near the middle of the page, beneath which is this notation in bold letters "THE MEANING OF THE OTIS TRADEMARK." Beneath this, in part, is the following: "To the millions of daily passengers on the Otis elevators and escalators, the Otis trademark or name plate means safe, convenient, energy-saving transportation. To thousands of building owners and managers, the Otis trademark means the utmost in safe, efficient economical elevator and escalator operation." It is obvious to me from this advertisement that the trademark emphasis is on the word "Otis" and its significant mark because here, again, the word "escalator" or "escalators" is written in small letters and in the same manner and same context as the word "elevator" or "elevators" which obviously has no trademark significance.)

[1] Shenker, Israel (1972-11-20). "Trade Names Come and Go and Now There's — Exxon". The New York Times. ISSN 0362-4331. Retrieved 2023-12-18.

[2] "genericide". LII / Legal Information Institute. Retrieved 2023-12-19.

[:0-3] Cite error: The named reference :0 was invoked but never defined (see the help page).

[4] Fisher, William (n.d.). "Overview of Trademark Law". Harvard Law School. "Under some circumstances, terms that are not originally generic can become generic over time (a process called "genericity"), and thus become unprotected."

[5] Hyra, Clifford D. "How Long Does a Trademark Last?". Patents 101. Hyra IP, PLC. Archived from the original on 25 January 2010.

[6] "Invalidity and revocation (cancellation)". European Union Intellectual Property Office. Retrieved 2023-12-21.

[7] "Entertainment Title Duplication Cases: A Process of Evolution". Indiana Law Journal. 39 (110). 1963-10-01. ISSN 0019-6665.

[8] "Haughton Elevator Company v. Seeberger". The Trade-Mark Reporter. 40: 326. 1950. (Thus, in the Architectural FORUM for March 1946, appears an advertisement beginning as follows: "Otis elevators Otis escalators." From this it is seen that the word "escalators" is used generically or descriptively and without any trademark significance just as is the word "elevators." Also, in the same magazine for January 1946, on page 184 thereof, appears the advertisement of the Otis Elevator Company with the name "OTIS," in a circle, prominently displayed near the middle of the page, beneath which is this notation in bold letters "THE MEANING OF THE OTIS TRADEMARK." Beneath this, in part, is the following: "To the millions of daily passengers on the Otis elevators and escalators, the Otis trademark or name plate means safe, convenient, energy-saving transportation. To thousands of building owners and managers, the Otis trademark means the utmost in safe, efficient economical elevator and escalator operation." It is obvious to me from this advertisement that the trademark emphasis is on the word "Otis" and its significant mark because here, again, the word "escalator" or "escalators" is written in small letters and in the same manner and same context as the word "elevator" or "elevators" which obviously has no trademark significance.)

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