What’s Worse than Losing at the Olympics?

We still have Olympic fever at Trust Tree. And the Olympics continue to provide useful trademark lessons. Indeed, I was yesterday years old when I learned that PING PONG is a registered trademark. Parker Brothers, Inc. registered the trademark in 1950 claiming use of the dating back to 1900. 

Realizing that PING PONG is a trademark rather than another generic name for table tennis brings us to the answer to the question posed by the title. What’s worse than losing at the Olympics? Losing a trademark to genericide.

What is Genericide?

In trademark lingo, genericide happens when a trademark becomes so common that it loses its distinctiveness and legally falls into the public domain. In other words, the trademark becomes so ubiquitous that it becomes the generic term for the product or service itself.

How Does Genericide Happen?

1. Overuse in Popular Culture: When everyone starts using the trademark as the go-to term for the product or service, trouble looms. For instance, people often say “Google it” instead of “search it online.”

2. Lack of Protection: If a company doesn’t actively protect its trademark, it can become generic. This includes not correcting the misuse of the trademark in the marketplace.

3. Media Influence: Journalists and advertisers might use the trademark generically, further pushing it towards genericide.

Famous Examples of Genericide

Let’s take a look at some of the big names that fell victim to their own success:

1. Aspirin: Originally a trademark of Bayer, Aspirin was once a brand name for acetylsalicylic acid. However, due to widespread use and the loss of its trademark in several countries, it’s now a generic term for pain relievers.
2. Escalator: Once a trademark of the Otis Elevator Company, “escalator” is now the generic term for moving staircases. Otis didn’t enforce its trademark strictly, and the name became generic.
3. Yo-Yo: The name “Yo-Yo” was originally trademarked by Duncan. However, due to extensive use and the lack of proper enforcement, it became the generic term for the toy we all know and love.
4. Zipper: The B.F. Goodrich Company originally coined “zipper” as a trademark for their fastener. Now, zipper is a generic term, and nobody owns the exclusive rights to it.

How to Avoid Genericide

If you want to avoid your beloved trademark meeting a similar fate, here are some tips:

• Use It Correctly: Always use your trademark as an adjective, not a noun or verb. For example, “Kleenex tissues” instead of just “Kleenex.”

• Educate the Public: Make sure consumers know that your brand name is a trademark. This can be done through marketing campaigns and proper use in all communications.

• Enforce Your Rights: Don’t be afraid to correct misuse of your trademark. Send out those cease and desist letters if necessary. Protect your brand!

• Trademark Notices: Always use the ™ or ® symbol to remind people that you have trademark rights in your brand name.

Genericide is a cautionary tale for all brands. While it’s great to have your brand become a household name, it’s essential to manage it carefully to avoid losing its trademark protection. So, keep an eye on how your brand is used in the market and educate your audience. Remember, a trademark is a valuable asset—protect it wisely!