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Trademark Genericide
Practical Law Glossary Item 9-507-1554 (Approx. 3 pages)
Glossary
Trademark Genericide
The loss of rights in a trademark as a result of the mark becoming a generic term for the goods or services for which the mark is used. Genericide may occur through a trademark owner's:
- Failure to enforce the mark against third parties that infringe or otherwise misuse the mark.
- Improper use of the mark.
When a trademark becomes a generic term, it is free for use by anyone. Examples of formerly protected trademarks that are now generic terms in the US include:
- Escalator.
- Aspirin.
- Pilates.
For more information on genericness and genericness challenges, see Practice Note, Genericness Challenges to Trademark Rights.