What is trademark genericide?
Trademark genericide occurs when a brand name becomes so commonly used that it transforms into a generic term for a type of product or service, rather than identifying the specific source. This shift can result in the loss of trademark protection, leaving the brand vulnerable to imitation and dilution.
The Legal Information Institute defines genericide as "the gradual process of a trademarked term becoming generic through useby the common individual" . When a term becomes generic, it can no longer receive trademark protection, and existing trademarks may become unenforceable.
Historical Examples of Genericide
Several well-known brands have fallen victim to genericide:
Aspirin: Originally a trademark of Bayer, "aspirin" became the generic term for acetylsalicylic acid, leading to the loss of trademark protection in the U.S. in 1921.
Escalator: Once a trademark of the Otis Elevator Company, "escalator" lost its trademark status in 1950 after it was deemed generic for moving staircases.
Thermos: The term "thermos" became synonymous with vacuum flasks, resulting in the loss of trademark protection in the U.S. in 1963.
These examples illustrate how a brand's success in becoming a common term can inadvertently lead to the erosion of its legal protections.
Why genericide happens more often today
Today we are seeing more brands fall victim to genericide and losing the legal protection to their name.
There are a couple of reasons to explain that:
Social media spreads language fast. A catchy term can go viral in hours, and people often refer to products casually, without considering brand protection.
Online marketplaces dilute brand clarity. When competitors use your trademark in product listings (intentionally or not), the distinction between brand and category can blur.
The faster you grow, the more you risk becoming “the category.” If your brand defines a new market or product type, you’re especially vulnerable.
Fame shouldn’t cost you your name
Trademark genericide is a strange twist in the life of a brand. You work hard to gain attention, trust, and adoption—only to discover that too much popularity can put your trademark at risk.
But with smart legal strategy, ongoing education, and the right enforcement tools, you can protect your brand name and ride the wave of popularity safely.
At Trama, we’ve helped over 25,000 brands across 100+ countries protect what matters most—their name. Whether you’re going viral or just getting started, we make trademark protection simple, fast, and reliable. Want to ensure your brand is safe as it grows? Start with our free lawyer’s check—and secure your name for the future.
FAQs - Is Trademark Genericide Real?
1. How can I tell if my brand is at risk of becoming generic?
A brand is at risk of becoming generic if consumers commonly use the trademark as a generic term for the product or service, rather than identifying the specific source. Indicators include:
Widespread use of the trademark as a verb (e.g., "to google" something) or in plural/possessive forms.
The trademark is used without a generic descriptor (e.g., "Kleenex tissues" instead of just "Kleenex").
The public associates the trademark with the product category rather than the brand.
Regular monitoring of how your brand is used in the market and consumer communications can help identify these signs early. If you're concerned about the potential for genericide, Trama offers expert legal consultation services to help businesses assess and protect their trademark rights. Trama’s team can assist with ongoing trademark monitoring and guide you on best practices to avoid genericide and maintain your brand’s exclusivity.
2. What steps can I take to prevent trademark genericide for my brand?
To protect your trademark from becoming generic, consider the following strategies:
Use the trademark as an adjective: Always use the trademark followed by a generic descriptor (e.g., "Xerox brand copiers").
Educate the public: Inform consumers and the media about the proper use of your trademark and its status as a brand name.
Monitor and enforce: Regularly monitor the marketplace for improper use and take corrective action when necessary.
Avoid generic use: Refrain from using your trademark as a verb, plural, or possessive form.
Provide alternative descriptors: Offer a generic term to describe the product category, especially if your brand defines a new market.
3. Can I reclaim a trademark if it's already become generic?
Reclaiming a trademark that has become generic is challenging. Once a term loses its distinctiveness and is deemed generic, it generally cannot be re-registered or protected under trademark law. However, through aggressive marketing, consumer education, and legal measures, a brand may attempt to re-establish its identity and exclusivity.
