Generic Trademark in Branding

In my latest research, I stumbled upon a term that probably hasn’t reached the ears of most people. However, the concept behind it is familiar to everyone. When we talk about Generic Trademark in the context of branding, we’re referring to brand names that have “snuck into” everyday language and become the norm. A classic and widely known example of this phenomenon is Google. It’s no longer about “searching for something” on the internet; it’s about “googling something”. Brands like Aspirin and Pampers also fall into this category, where the brand names are no longer just used for the companies’ products but have become general terms for headache tablets and diapers.

They’ve replaced the conventional term for something with a brand name that has either elevated the popularity of a specific product to a new level or has introduced the product category itself. But let’s delve into the topic in detail.

What makes a trademark generic?

A generic brand can emerge when a brand name becomes so successful that it becomes a synonym for the entire category. This is a gradual process where a “new” word integrates into societal language. This can happen through the widespread use of language or through intensive marketing and popularity of the product. This means it can be driven by both society and a company. Suppose the brand name becomes too closely associated with the product or service itself and no longer serves as a specific indicator of the brand. In that case, it can also be disadvantageous for the company. But more on that later.

Let’s first create a simple example scenario to better understand the formation of a Generic Trademark in branding:

Imagine you have a special toy car named “Sonics”. Over time, all your friends start calling every toy car “Sonics”, and parents, relatives, etc., begin adopting this term, regardless of whether it’s the specific car or not. This happens because your car is unique and well-known, causing people to learn the name as the first or most well-known term to describe the type of product. When this happens, “Sonics” as a brand name loses its uniqueness and gradually becomes a common word for toy cars.

This is called Brand Genericide.

At first glance, this might seem like a good thing. “Wow, my brand is so popular and well-known that it’s used in everyday language and found in dictionaries”, but unfortunately, it also has devastating drawbacks.

Risks of generification?

Many companies have already experienced the disadvantages of Brand Genericide themselves. One of the most famous examples concerns “The Wonder Drug That Nobody Understands” – The New York Times, Aspirin.

When Aspirin hit the market in 1899, Bayer AG had massive success with it. As a result, the medication Aspirin became THE brand for painkillers and was marketed as a miracle cure for everything. When the brand name became rooted in everyday language and all painkillers were slang referred to as Aspirin by the population, Bayer lost the trademark rights to it, and other companies could use the name “Aspirin” for their painkillers and in advertising.

In summary, while increasing brand awareness may seem positive, it can quickly turn negative when the brand name becomes generic. This is something every company needs to consider when they see the trend coming.

Here’s a little extra for those interested in old packaging designs:

1899 Aspirin bottle
Source: Wikipedia

Other Well-Known Examples

Let’s take a look at which companies lost their trademark rights due to Brand Genericide. One well-known example is “Escalator”. Originally, Escalator was a registered trademark of the Otis Elevator Company, known for (surprise) its escalators. Charles Seeberg, the inventor of the modern escalator, teamed up with Otis Elevator Co. in 1899 to produce the first commercial escalator.

The term “Escalator” comes from the Latin term “scala”, meaning stairs. However, since the term was so widely used and commonly applied to describe any type of moving stairs, Otis lost the trademark protection for the name “Escalator”.

_{Source: Otis History}

Another example is “Zipper”, originally a trademark for zippers by B.F. Goodrich Company. The term “Zipper” has become a generic term in society for a common type of fastener, especially due to its popularity in the military during World War I. As a practical solution, the product was then incorporated into B.F. Goodrich Company’s rubber boots in 1923. They named the model “Zipper” and registered the name as a trademark. Today, the term “Zipper” is commonly used regardless of the manufacturer. B.F. Goodrich Company consequently lost its trademark protection.

_{Source: Wikimedia}

As another example, consider “Thermos”. Originally, “Thermos” was a brand name owned by Thermos GmbH, a German company. It was used to market their revolutionary vacuum flask, which could keep liquids hot or cold for extended periods. The product became popular for outdoor activities, work, and household use, and the Thermos flask’s popularity has increased. The term “Thermos” became established as a generic term in public usage. People started referring to any vacuum flask as a “Thermos”, and the trademark protection was lost.

_{Source: Thermos Story}

Originally, all these brands had active trademark protection when they were first introduced. However, they lost this protection when their brand names became so widespread and generic that they were no longer exclusively associated with the specific company or product. Many are not aware of this, but every company has the opportunity to influence this. In any case, the greatest problem with a Generic Trademark is the loss of trademark rights.

Influence on Generic Trademarks

It’s difficult to prevent the cancellation of trademark protection once a brand name has become generic. However, companies can attempt to defend their trademark protection by demonstrating that the brand name is still perceived as a specific brand and not a generic term.

It may sound simple at first glance, but it definitely isn’t. This may require them to take legal action to prevent the use of their brand name as a generic term and to educate consumers about the uniqueness and origin of the brand. A strong marketing campaign must be undertaken to ensure that the message reaches the masses.

However, it’s important to note that this is often a lengthy and costly legal process and is not always successful.

So, in general, a company’s goal should not be to make its brand a generic term. Usually, companies want their brand to be perceived as a unique symbol for their products or services. That’s why marketers put so much effort into branding. It should create something unique with high recognition potential.

However, a brand can unintentionally become generic through certain practices. For example, if a company doesn’t actively protect its brand name or if the brand name is used so commonly that it becomes equated with the entire product category. So, lack of clear or poor communication externally.

How to avoid generic terms

In such cases, it can be difficult to reverse the generic status. Well, at least preventive measures can be taken. To prevent the brand name from being generalized and used for the entire product category, companies can take the following measures:

Active trademark protection:
By applying for trademark registrations and taking legal action against the unauthorised use of their brand name.
Brand guidelines:
Companies can establish clear guidelines and best practices for the use of their brand name by employees, partners, and the public to ensure that it is perceived as a unique symbol for their products or services. A good example here is the Comité interprofessionnel du vin de Champagne. One of their fundamental tasks is to protect the designation Champagne worldwide.
Brand building:
Through targeted marketing and advertising efforts, companies can ensure that consumers associate the brand name with their specific brand and not with the entire product category, let alone with the competition.
Brand maintenance:
It’s important to continuously maintain the reputation and quality of the brand to ensure that consumers perceive the brand as leading and unique within its product category. That’s why I can’t stress enough in branding how important it is to continuously review the brand and make a location determination.

By taking these measures, companies can help prevent their brand name from becoming generic and continue to be perceived as a unique symbol for their products or services.

At this point, I’d like to emphasize again how important it is to have someone in marketing and branding who understands what they’re doing. Building a strong brand from the beginning is crucial because weak brand names are the easiest to lose.

My recommendation, therefore, is to stick to fantasy names, i.e., invented words, and suggestive brands that refer to a specific characteristic and are easy to remember. And try to avoid using your brand as a verb. It might feel good, but it can lead to a generic brand.

Apart from that, one can only hope that a product becomes popular but not generic.

Conclusion

You might feel like you don’t have to worry about your brand becoming generic. I’m sure that if you had asked any of the companies mentioned in this article about their early days, none of them would have thought it would come this far.

But if we’ve learned anything from history, it’s that no one is untouchable.

We can’t predict the future, but we can prepare to protect ourselves. When I first encountered this topic, I thought, “Hey, it’s good if your brand makes it into everyday language; it just shows its popularity!” But over time, I’ve come to understand the difficulty behind it. Nowadays, I find the case of Generic Trademark to be a good example of “All that glitters is not gold”.

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