What is trademark genericide and how can it be prevented?

Trademark genericide occurs when a trademarked brand becomes so popular that its name is used to describe a type of product, rather than the actual product itself. For example, the brand name ‘Kleenex’ was so popular that people started using its name for any type of facial tissue, regardless of what company produces them. In California, this is an issue that must be taken seriously, as it may lead to the loss of trademark rights in the state. To prevent trademark genericide, the business must consistently use their trademarked name in advertisements and marketing campaigns and make sure that it is never used to describe a general product. The business should also police potential competitors, making sure they don’t attempt to infringe upon the trademarked name. The business should also be aware of any potential misuse of the trademarked name by the public and enforce their trademark as needed. Finally, the business should actively engage in the process of registering their trademark both with the US Patent and Trademark Office and in the state of California. By doing this, they can be sure that the trademark’s strength is maintained, and that it will be protected from genericide in the long run.

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What is trademark genericide and how can it be prevented?

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