What is genericization and how can it be avoided?

Genericization is the process in which a trademarked name becomes the commonly used name for a product or service. This can happen when a product or service is so successful that it becomes synonymous with a product type or category, such as Band-Aid® for adhesive bandages. Genericization can be very detrimental to a business’s brand because the business loses its exclusive association with the product or service and its mark is no longer technically protectable. In Indiana, trademark owners can take steps to help avoid genericization. First, owners should be sure to use their marks properly in the marketplace. They should always use their marks as adjectives, not nouns or verbs, to ensure that the mark is consistently identified as the unique name of the product or service. For example, instead of saying “I need to buy Kleenex,” the consumer should say “I need to buy Kleenex® tissues.” Second, trademark owners should always take action when they see someone else misusing their mark. This includes sending cease and desist letters or filing a complaint with the U.S. Patent and Trademark Office. By enforcing their marks, trademark owners can help prevent them from becoming generic terms. Finally, trademark owners should always use the trademark symbol with the mark. This will help remind consumers that the term is a trademark and it should not be used generically. These steps can help trademark owners protect their marks from genericization in Indiana and ensure that their products are associated exclusively with their brand.

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What is genericization and how can it be avoided?

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