What Happens to a Mark When the Public Adopts It as a Generic Name for a Product or Service?

Trademark rights can also be lost when the mark is used as the generic name for a product or service and thus ceases to serve its function of identifying the source (and quality) of the product or service. When a trademark owner itself uses the mark as a generic term or allows others to do so, rights are lost and it becomes available for use by all. While an occasional descriptive use will not cause a trademark to be lost, widespread generic use will. Examples of once-strong trademarks that have become generic through descriptive or generic use include “yo yo,” “cellophane,” “trampoline,” “escalator,” “thermos,” “aspirin” and even “raisin bran.”

To avoid this result, trademark owners should be careful to use the mark as a brand name rather than descriptively. A trademark can be lost if it becomes generic (i.e., when it is used to describe a product or service rather than to identify its source and quality). A trademark owner may avoid widespread generic use by: 1) using it as an adjective as opposed to a noun (i.e., “KLEENEX tissue” not “a kleenex”); 2) capitalizing the trademark or otherwise setting it apart from surrounding text; or 3) using it in conjunction with the term “brand” (i.e., “SCOTCH brand tape”). All of these measures will have the effect of preserving the trademark’s value as a “brand name” and will discourage its use as a generic term.