When a Brand Becomes the Product: The Risk of Genericised Trademarks
The Context
Every brand aims to become memorable, recognisable, and widely used. But some brands reach a point where they become a victim of their own success. When the public begins using a trademark as the generic name for a type of product, the trademark might risk losing its legal protection entirely. This process, known as genericisation, occurs when a name stops identifying one business and instead becomes the label for an entire category.
History provides several examples. Cellophane* began as a protected trademark for a transparent wrapping film, but consumers eventually used the term to refer to any clear plastic wrap. Aspirin*, once owned by Bayer, became generic for acetylsalicylic acid. Escalator*, originally Otis’ mark, was declared generic when courts found that the public used the term to describe all moving staircases, not Otis’ specifically.
These examples highlight a paradox: a brand can become so culturally embedded that it stops functioning as a brand.
Can You Market Something “Too Well”?
In a sense, yes.
A trademark’s legal purpose is to identify the commercial source of a product or service. When the public instead uses the trademark as the product name itself, the trademark no longer performs that role. This can weaken exclusive rights and make it harder to prevent competitors from using the term. The very brand strength that fuels commercial success can, if unmanaged, erode the protection behind it.
Trademark genericisation often occurs when a company creates an entirely new category or introduces a groundbreaking product. If consumers lack a natural descriptive term, they default to the brand name. Media usage, competitor behavior, and even internal marketing language can accelerate the shift. Once the trademark is widely used generically, reversing the trend can become difficult.
Why Genericisation Happens
There are several contributing factors:
The product defines a new category, and no clear generic term exists.
Consumers use the trademark informally to describe the product type.
Media adopts the trademark in a generic sense.
Competitors use the trademark descriptively.
The company itself uses the trademark as a noun or verb instead of as an adjective.
Language can evolve quickly, and if that evolution undermines distinctiveness, trademark protection may weaken alongside it.
The Balance: Recognition vs. Ownership
Every business wants brand recognition. But recognition must remain tied to distinctiveness. A trademark should point to a single company, not an entire category. When consumers ask for acetylsalicylic acid, the product category is clear. When they ask for aspirin to mean any painkiller, the brand no longer identifies a single source, and distinctiveness begins to blur.
The goal is to be memorable, but not to the point where the trademark becomes shorthand for the product itself. A brand must remain a brand.
How Companies May Prevent Genericisation
Companies may implement structured measures to protect distinctiveness:
Using the trademark together with a generic product name. For example, “ASPIRIN pain reliever” instead of just “aspirin”.
Encouraging media and partners to use the trademark correctly.
Registering complementary rights such as colour marks or product shapes (to preserve other layers of exclusivity).
Keeping the brand’s visual identity consistent (strengthens the link between the name and a single commercial source).
Consistently using the trademark registration symbol (®) next to the brand name
These efforts may help reinforce that the trademark identifies a specific commercial source, not a general product category.
The Strategic Question:
Do You Want to Be Known As the Product?
From a marketing perspective, becoming synonymous with a category looks like the ultimate win. From a legal perspective, it carries serious risk. When a trademark becomes the only word people use, competitors may argue that the term is generic and free for everyone to use.
Recognition without protection is a fragile combination.
The challenge is to build a strong brand while ensuring that it remains legally identifiable as belonging to one business.
What This Means for Brand Owners
Trademark genericisation is both a commercial and legal issue, and it requires active management. The moment a trademark stops indicating source and starts indicating category, exclusive rights can weaken. Protecting a trademark is not a one-time effort but an ongoing strategy that evolves with consumer behaviour, language, and market dynamics.
Assessing how your trademark is used by customers, media, partners, and competitors is essential for maintaining long-term brand value.
Key Takeaway
Strong brands can become part of everyday language. But when a name stops pointing to one business and starts naming the entire category, legal protection can weaken.
The real challenge is building widespread recognition while keeping the trademark clearly linked to its source. The goal is not to become the word for the product. It is to remain the brand behind it.
Disclaimer:
If your company would like a review of its trademark portfolio or guidance, our team at Abrande can help.
*Note that the legal status of trademarks varies by jurisdiction, and some marks may be considered generic in certain regions while remaining protected in others.
