They may even use a distinctive typeface to make the trademark stand out. Companies may also avoid using the plural form of the trademarked word (favoring “Lego bricks,” for instance, over “Legos”). For example, when you see a company using its brand as an adjective (“Use a Xerox copier”) rather than a verb (“Go Xerox this”), it is trying to prevent genericization. Some companies are fighting back against the generic use of their trademarks. There are generic terms for all these products, but when was the last time you packed a box with inflated cushioning, tossed a flying disc or attached anything using hook-and-loop fasteners? Bubble Wrap is a trademark of Sealed Air, Frisbee remains a trademark of Wham-O, and Velcro is trademarked by the company of the same name. There are still plenty of familiar names that hold their trademarks.
Escalator, cellophane, and laundromat have all lost their trademark status to genericide. was a seminal case in which Bayer lost its trademark for Aspirin to what experts now refer to as “genericide.” That 1921 case set the table for the modern standard that courts currently follow: If a brand name is understood by the public to refer broadly to a category of goods and services rather than a brand’s specific good or service, a company may be at risk of losing its trademark. “So as a result of that, in trademark law, you cannot trademark things that are descriptive or generic in nature.”īayer Co. “When something becomes so pervasive in everyday society as a result of its own fame, there’s an argument that it no longer represents the brand, it almost represents the action,” Mr. But a company like Johnson & Johnson, which makes the world’s most famous brand of adhesive bandages, might have reason to worry because - theoretically, anyway - that degree of easy familiarity could put it in jeopardy of losing its trademark. You may think nothing of it when you ask for a Band-Aid to cover a cut or scrape. “In everyday usage, people start using that term.” Cohen, an intellectual property lawyer in Los Angeles. “Over time, a brand can be so famous and so ubiquitous that people associate that with the action,” said Michael N. And it can actually cause quite a problem for those companies. You may be aware of Kleenex, Velcro and ChapStick, but what about escalator? Or dumpster? Linoleum, zipper, trampoline? All of these are (or were) trademarks of companies whose products were so successful that they came to represent an entire category. You’re probably familiar with this phenomenon, but there are more examples of it than you might realize. When you use a brand name as a generic term, you’re using a proprietary eponym, or, more simply, a generic trademark. The higher the brand awareness of your product or service, the higher sales will be.When you need to blow your nose, there’s a good chance you ask for a Kleenex, even if the box being handed to you doesn’t bear the Kimberly-Clark-owned Kleenex logo. Your brand also has to communicate the value of your products or services, and do so in a way that consumers can remember – despite the thousands of marketing and adverting campaigns consumers are bombarded with on a daily basis.īrand recognition is the potential of the consumer to retrieve the knowledge of the brand when questioned about the brand or shown an image of the brand logo or design. Brand awareness is the ability of the consumer to remember the brand with reference to the product or service when it comes time for a consumer to make a purchase or conduct a transaction. Additionally, a brand must exemplify what your business stands for, and how it resonates in the minds of consumers. A company brand can be represented as a logo or design that identifies with your company’s products or services, and differentiates it from competitive brands. A company brand, however, is not just about the company name. Brand recognition refers to how people, preferably in your target market, are aware of your company’s name and the products and services you offer. For businesses, small to large, brand recognition is very important.
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