Generic trademarks, such as Kleenex and Xerox, can harm a company’s profits if left unprotected. Companies can protect their trademarks by using generic descriptors or emphasizing the trademark in advertisements. The European Union has a Protected Designation of Origin to protect traditional food production.
A generic trademark is a trademark that has come to be used to describe all similar products rather than a specific manufacturer’s product. Some well-known examples of generic trademarks include kleenex, kotex, xerox, aspirin, heroin, slow cooker, hoover, duct tape, and rolodex. All of these names are used generically to describe specific products, despite the fact that they were once trademarks, and in some cases still are trademarks. By law, if a company fails to take steps to protect a generic product, it could lose its trademark.
The process by which a brand becomes generic is sometimes called “brand dilution” or “generic”. Most companies want to avoid this as it weakens the power of their products in the market. For example, because the term “band-aid” has become generic, the company that makes Band-Aid branded bandages may lose customers to other companies that use the company’s trademark. A generic trademark can kill a company’s profits if left untreated.
There are several ways in which a generic trademark can happen. Usually, one company captures the market for the product, as was the case with Xerox Corporation, which dominated the copier industry from the beginning, driving many people to buy Xerox products. Companies can also accidentally weaken their products through viral marketing or poorly worded advertising, allowing other companies to take advantage of their extensive marketing campaigns to promote their own products.
When a company sees a generic brand on the horizon, it can take steps to protect it. For example, many companies use what is known as a generic descriptor, a clarifying phrase that defines a product when used in combination with the trademark, clearly differentiating the trademark and the product. For example, one might hear about Kleenex Kleenex or Hoover vacuum cleaners. Some companies also insert the word “brand” in their advertisements, emphasizing the trademark, as in the case of LEGO branded bricks or Jell-O branded Jell-O.
An interesting case of protection against genderification has taken place in the European Union, where many products enjoy what is called a Protected Designation of Origin. This means that only products made a certain way in a specific region can be labeled as items like Parmesan, Champagne, or Prosciutto. This process was designed to protect traditional ways of food production and increase consumer confidence in popular products, ensuring a basic quality standard. In this case, the attempt to avoid a generic trademark is designed to protect a traditional process rather than a company’s profits, although companies in these regions certainly do make a profit.
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