Patterns of trademark genericization

Abstract

Trademark genericization is a threat to companies with well-known products or services. Past cases have demonstrated that breaking certain trademark usage rules can lead to the loss of exclusive rights. This dissertation sought to determine the good and bad practices in trademark genericization processes. Genericization of a trademark occurs when the general public starts using the trademarked name as the generic name for the product category. Companies can counter this by implementing certain strategies. Timing and amount of effort have been proven crucial in past cases. Failure to do so can lead to the loss of enforceable trademark rights. A study has been conducted on trademarks that are facing genericization. The results reveal that trademarks such as Lava® Lamp, Frisbee®, Keso®, Jacuzzi®, and Post-it® are facing an extent of genericization in the Netherlands or Sweden.