The widespread awareness of a trademark is great for developing a strong and valuable mark but such widespread use of the mark may cause the public to view the mark as a generic term for the goods or services. When this happens, the mark is no longer entitled to trademark protection. Examples of marks that have fallen victim to genericide are band-aid, aspirin, and zipper.
Trademark genericide can occur through the public’s overuse of the mark or the owner’s failure to police its use by others. Once a trademark is considered a generic designation for the product, it is very difficult for the mark to regain trademark status.
Ways to prevent genericide:
- Register your trademark on the principal register
- Always use the ® symbol with your trademark.
- Do not use your trademark as a verb (to Xerox a paper)
- Do not use your trademark as a noun
- Monitor the public’s use of the mark to ensure it is used to identify the source.