Misinterpretation of Brands

Generic terms are common words or terms, often found in the dictionary. It is not possible to register as a trademark as it is a term that is generic for the goods/services identified in the application. A trademark becomes generic, often as a result of improper use and the rights in the mark may no longer be enforceable. Satirically, product popularity and the trademark owner are often the culprits for this.

Once improper advertising and labeling starts, the cause to use the mark as a generic term starts. Regardless of the source, the trademark loses its distinctiveness. The term “genericide” is at times used to describe the process where the trademark owner actually participates, often unknowingly, in the destruction of the distinctiveness of the trademark.

Companies/owner often hates it when their trademarks are used to describe other products. Here are few brands which were trademarked at some point in the history, but few have lost their legal protection by turning into a common name.

These are few classic examples for Trademark name turning into a Generic name.

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