What is genericization and how can it be avoided?

Genericization occurs when a trademark becomes so well-known within a specific industry or market that the public begins to use the trademark as a generic term for that product or service. This erodes the distinctiveness of the trademark and threatens to reduce the value of the mark. Genericization is a major risk for businesses with valuable trademarks, as it renders the mark unenforceable and the business unable to protect it from infringement. Genericization can be avoided by taking proactive steps to ensure that the public is aware of the trademark as a branded product. This involves using the trademark correctly in marketing materials, and consistently enforcing the proper use of the trademark in all forms of communication. Businesses should take measures to prevent misuse of the trademark, such as using proper trademark notices (TM and ® symbols) and pursuing legal action for trademark violations. Additionally, businesses should strive to create unique and innovative products and services in order to establish a distinct niche in the market. Finally, businesses should consider registering their trademarks with the appropriate government agencies in order to ensure that the trademark is legally protected. This will give the trademark owner the legal power to protect the mark from infringement and misuse. In Maryland, businesses should register trademarks with the U.S. Patent and Trademark Office or the Maryland Secretary of State in order to receive the full protection of the law.

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What is genericization and how can it be avoided?

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