Legal Definitions - genericism

Genericism refers to the situation where a brand name, which was originally a unique identifier for a specific product or service from a particular company, becomes so widely used by the public that it starts to represent the entire category of products or services, regardless of the original brand owner.

When a trademark becomes generic, it loses its ability to distinguish the goods or services of one company from those of others. Consequently, the original owner may lose their exclusive legal rights to use that name as a trademark, as it no longer serves its primary purpose of indicating source.

• Example 1: Aspirin

  The term "Aspirin" was originally a trademark owned by the pharmaceutical company Bayer for its brand of acetylsalicylic acid. However, over time, the general public began using "aspirin" to refer to any pain-relieving tablet containing that compound, regardless of who manufactured it. As a result, "aspirin" became a generic term for the drug in many countries, and Bayer lost its exclusive trademark rights there. This illustrates genericism because the brand name transformed into the common, everyday name for the entire product category.

• Example 2: Thermos

  The word "Thermos" was once a registered trademark for a specific brand of vacuum flask designed to keep liquids hot or cold. However, the public widely adopted "thermos" to describe any insulated container of that type, regardless of the manufacturer. Because the name became synonymous with the product type itself rather than a specific brand, the original company largely lost its exclusive trademark rights to "thermos" in the United States, making it a generic term for a vacuum flask.

• Example 3: Kleenex (as a cautionary example)

  While "Kleenex" remains a strong and protected trademark for Kimberly-Clark's brand of facial tissues, the company actively works to prevent genericism. Many people colloquially ask for a "Kleenex" when they mean any brand of facial tissue. If this widespread usage were to become so universal that "Kleenex" no longer specifically identified Kimberly-Clark's product, but rather *all* facial tissues, the trademark could be at risk of becoming generic. This example highlights how companies must actively manage their brands to prevent them from falling victim to genericism and losing their distinctiveness.