What is trademark genericide and how can it be prevented?

Trademark genericide occurs when a trademark becomes genericized—when a trademark is used to refer to all similar products or services, regardless of the brand. For example, when people say “I need to grab a Kleenex” they are usually referring to any facial tissue, not just Kleenex-brand tissue. This is an example of genericide. When a trademark becomes genericized, it becomes weaker and loses the owner’s exclusive use of the name. Trademark owners must be diligent in protecting their marks—genericide can be prevented by reminding the public through advertising and other means that a particular trademark is a brand. In Virginia, trademark owners have a few avenues to take in order to protect their marks from genericide. First, trademark owners should register their trademarks with the Virginia State Corporation Commission. This gives the trademark owner certain exclusive rights to the mark within the state. Furthermore, trademark owners in Virginia should consider additional registrations for additional protection. There are additional ways to protect trademarks beyond registration, including enforcing their trademarks against unauthorized users and making sure that the trademark is being used correctly. Additionally, trademark owners should be proactive in reminding the public that a given term or mark is in fact a trademark. Finally, trademark owners can use their marks in creative ways to make sure that the general public remembers the mark and associates it with the original product or service. This can help keep genericide at bay. By staying on top of the trademark’s use and maintaining its distinctiveness, a trademark owner can actively prevent genericide.

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What is trademark genericide and how can it be prevented?

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