What is genericization and how can it be avoided?

Genericization is when a trademark name becomes so popular that it is used to refer to a whole class of goods, instead of just the goods of that particular company. For example, "Kleenex" is a trademark name but is now commonly used to refer to a generic box of tissues. In order to avoid genericization, a company must protect its trademark by enforcing regulations on its use. This means that the company should not allow the trademark name to be used to refer to the generic product, but only to its own particular goods. Additionally, the company should send out cease and desist letters when it discovers trademark infringement. In California, trademark owners must be aware of the laws that protect their trademark. The federal Lanham Act, as well as the state-level statute known as the California Trademark Act, protect trademarks from infringement. These laws provide for remedies for trademark owners in case of an infringement. It is important for a company in California to register its trademark with the United States Patent and Trademark Office in order to receive full protection under the federal law. Finally, a company should engage in preventive steps to avoid genericization. This means that the company should use its trademark name in advertising and literature, as well as actively enforce its trademark rights when necessary. By doing so, a company can protect its trademark name from becoming genericized.

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What is genericization and how can it be avoided?

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