What is genericization and how can it be avoided?

Genericization is a legal process in which a trademark loses its legal protection because it has become so associated with a particular product or service that it is commonly used to refer to that product or service in general, rather than referring to the specific brand. For example, tissues are often referred to as "Kleenex" even though there are other brands of tissues. In New York, trademark owners should take action to prevent their mark from becoming genericized. This can include maintaining the trademark as a unique name and not allowing other companies to use it. Another important step is to make sure that consumers are using the mark correctly. For example, when the trademark "Kleenex" is used, it should always be used with a capital "K" to indicate that it is a brand, not the generic name for tissues. In addition, businesses should use the trademark consistently in their advertising and marketing materials and use the correct trademark symbol (™ or ®) where appropriate. Finally, businesses should actively monitor their trademark to make sure it is not being used inappropriately, such as in a descriptive sense, and take steps to enforce their trademark rights if it is being used or infringed upon. Genericization can be avoided through proactive steps to protect the trademark and enforce its rights in order to maintain its unique value and commercial appeal.

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What is genericization and how can it be avoided?

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