What is genericization and how can it be avoided?

Genericization occurs when a trademark loses its distinctiveness and becomes the common name for a product or service. This usually happens over time when a product is so well-known that it becomes used as the general term for any product of that type. For example, ‘aspirin’ was once the trademarked name for a brand of pain reliever, but now it is used to refer to any kind of pain reliever. Although genericization cannot be completely avoided, there are steps that businesses can take in Washington to protect their trademark. Firstly, a business should only refer to its own products or services when talking to customers. This will prevent customers from using the business’s trademark to refer to products from other companies. Secondly, businesses should also explain the trademark to customers and make sure it is used correctly. Finally, businesses should seek to register their trademarks with the United States Patent and Trademark Office, as this will strengthen the trademark’s legal protection. In conclusion, genericization is a process in which a trademark loses its distinctiveness and becomes the common name for a product or service. Businesses can protect their trademark in Washington by referring to their own products when talking to customers, explaining the trademark when necessary, and registering it with the USPTO.

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What is genericization and how can it be avoided?

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