How a Brand Name Becomes Generic (Published 2019) (2024)

FAQs

How does a brand name become a generic term? ›

The process by which a trademark becomes generic is known as genericide. It usually occurs when a brand attains such widespread recognition that it loses its connection with the company that first created it, and customers begin to use the name of the product in place of its original trademarked version.

A trademark is prone to genericization, or "genericide", when a brand name acquires substantial market dominance or mind share, becoming so widely used for similar products or services that it is no longer associated with the trademark owner, e.g., linoleum, bubble wrap, thermos, taser.

Kimberly-Clark Corporation of Neenah, Wisconsin is the current registered owner of the Kleenex trademark. In the U.S., the Kleenex name has become—in common usage but not in law—genericized. The popularity of the product has led to the use of its name to refer to any facial tissue, regardless of the brand.

These names are or were trademarked, but are now often used to describe any brand in a product category. Google, Taser, and Xerox are all examples of brand names that have become generic words for a type of product.

When patent protection for a brand-name drug expires, the U.S. Food and Drug Administration can approve a generic version of it for sale. The patent protection for a brand-name drug is usually 20 years from the date of the submission of the patent.

When you use a brand name as a generic term, you're using a proprietary eponym, or, more simply, a generic trademark. You're probably familiar with this phenomenon, but there are more examples of it than you might realize. You may be aware of Kleenex, Velcro and ChapStick, but what about escalator? Or dumpster?

Another interesting piece of information: generics are often made by that national brand. These generic products are made in the same plant, from the same farm, but just packaged in a less flashy way.

Metformin is a generic drug for diabetes, but its brand name is Glucophage. Similarly, Metoprolol is a generic drug for hypertension but its brand name is Lopressor. These drugs will be known by different names in different countries, but the generic name remain constant.

Due to its popularity, the term has become a genericized trademark. It popularly refers to any lip balm contained in a lipstick-style tube and applied in the same manner as lipstick. However, the term is still a registered trademark, with rights exclusively owned by Suave Brands Company.

Is ChapStick a Genericide? ›

Chapstick® is a registered trademark for, the generic term would be lip balm. Velcro® is a registered trademark for adhesive materials.

The following things cannot be registered as trademarks: Deceptive Words, Names, Phrases, Slogans (they are misleading) Merely Descriptive Words (e.g., Best ice cream, Red car) Merely Decorative Features (they don't identify source)

Trademark holders should use a non-proprietary term or a different generic name together with the mark. Trademark holders should adhere to proper grammatical usage of the mark and avoid spelling changes, plurals, or abbreviations since this can signal that improper use is acceptable.

A. The word “co*ke” is a trademark, and it's a noun—so it doesn't fit the pattern of a wildly successful trademarked name that acquires a generic (lowercase) sense as a verb in common usage (e.g., Google > googled).

Is there a difference between generic and brand-name drugs? There are only two main differences between generic and brand-name drugs: The inactive ingredients, such as flavoring or preservatives, may change. Generics generally cost less than brand-name versions.

The United States Adopted Names (USAN) Program, which assigns generic (nonproprietary) names to all active drug ingredients in the United States, is the result of a long-time partnership between the American Medical Association (AMA), the United States Pharmacopeial Convention (USP), and the American Pharmacists ...