Posted on June 5, 2020 by Erik
The following is an edited podcast transcript. Listen here.
You probably already know that Xerox and Kleenex are registered trademarks even though people frequently joke about how generic those terms are. Generic in that they’re used by many people to talk about a whole category of products and not just a specific brand of product. So when someone says, “Can you pass the Kleenex?” And they’re not really paying attention to what brand it is and they’re just using Kleenex as a substitute for tissue, they’re using the word Kleenex in a generic manner.
Of course, brands work hard to try to avoid becoming generic and it’s been, as far as I’m aware, a long time since a famous brand has actually legally been declared generic and no longer protectable. One famous example was that aspirin was a registered trademark originally and now of course aspirin is a generic term and there are several different brands of aspirin that you can find at your local pharmacy or drug store.
So I want to tell you about some other marks today that might astonish you to learn are registered trademarks and are not generic.
- Popsicle® is a registered trademark for a frozen treat. Can you believe that?
- Windbreaker® is a registered trademark for outerwear?
- Chapstick® is a registered trademark for, the generic term would be lip balm.
- Velcro® is a registered trademark for adhesive materials. There’s actually a great video online that Velcro employees and attorneys made about Velcro the brand name and helping educate people that it’s not a generic term.
- Onesie® is a registered trademark for infant wear.
- Crock-Pot® is a registered trademark for a cooking appliance.
- Frisbee® is a registered trademark, as are Ping Pong® and Hula Hoop®. Three of the most common toys that you could find at a playground on any summer day for many decades and are used generically by so many children are actually registered trademarks.
- Another interesting one, Bubble Wrap® is a registered trademark for cushioning packaging material which contains entrapped bubbles of air or other gases.
Every time I see this list I’m astonished even though I know that all of those things are registered, it still astonishes me!
The important lesson from this for brand owners is to work to avoid their brands being used generically. If you look at a box of Kleenex® and you look at the Kleenex® name on that box, you will actually see that in very small writing next to or under the Kleenex® it says “brand tissue” and they use the registered trademark symbol. So they do make an effort to let people know that Kleenex® is not the product. A tissue is a product and a Kleenex is the brand. Starbucks does this with Frappuccinos® – on the menu at Starbucks it says something like a “Frappucino® blended frozen treat”.
Of course for many brands this is not really an issue, but it is always valuable to make sure that your trademark is used as an adjective and not as a noun. So for example, Kleenex® tissues or Nike® running shoes are using the trademark as an adjective to modify the generic term for the category of products and you can do that as well when you’re writing about and talking about your brand and your trademark.
Another valuable tool to help prevent your trademark from approaching any type of genericness is to make sure that when you use it, you use the proper symbols, the R with the circle – ® – if it’s registered, and then you use it in a manner that stands out from other text. So you could use it in all caps or in bold or italics or a different color so that it is clear when we’re talking about the brand name, that it stands apart and it is special.
So make sure that your brand doesn’t become like aspirin and that it stays strong and protected and registered and doesn’t become generic. If you want to discuss how your trademark is being used and whether there are steps you can take to make sure that it doesn’t become generic or to help strengthen your brand and your trademark, feel free to reach out to me.
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FAQs
Chapstick® is a registered trademark for, the generic term would be lip balm.
Is Velcro a genericized trademark? ›
Velcro is still a federally registered trademark whereas escalator, yo-yo, and thermos have all lost their trademark status due to genericide.
How does a brand name become generic? ›
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.
Did Kleenex lose its trademark? ›
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.
Is Kleenex a generic term? ›
Such a term is called a generic descriptor and is frequently used immediately after the trademark to provide a description of the product or service. For example, "Kleenex tissues" ("facial tissues" being the generic descriptor) or "Velcro-brand fasteners" for Velcro brand name hook-and-loop fasteners.
What happens when a trademark becomes generic? ›
Ironically, the more successful the trademark owner, the more likely it is that a trademark will become generic, causing the trademark owner to lose its exclusive right to use and protect the trademark.
Is Kleenex a protected trademark? ›
For instance, a company cannot own the rights to use the word “tissue.” “Kleenex” is a trademarked brand name, and no other tissue companies can use that term. But other companies are still allowed to advertise their products as tissues because the term cannot be trademarked.
What is generic VELCRO called? ›
The designation “VELCRO® Brand” must be followed by the generic name of the fastener or tape, such as “hook and loop fastener”, “fastener” or “closure.” For example, “Our product features VELCRO® Brand fasteners.” 3.
Is Kleenex a trademark or copyright? ›
The trademark Kleenex® was registered with the U.S. Patent Office. The Kleenex® trademark identifies Kleenex® as a brand name which may only be used to designate products manufactured by Kimberly-Clark.
Is there really a difference between brand and generic? ›
A generic drug is a medication with the exact same active ingredient as the brand-name drug, is taken the same way and offers the same effect. They do not need to contain the same inactive ingredients as the name-brand product and they can only be sold after the brand-name drug's patent expires.
Most brand drugs are developed under patent protection for up to 20 years. This means that no one else is allowed to make and sell the drug. When the patent expires, other drug companies can start selling a generic version of the drug. But, first, they must test the drug and the FDA must approve it.
When can you legally substitute a generic for a brand name? ›
Each state has a law that allows pharmacists to substitute less expensive generic drugs for many brand names. However, if your doctor specifies that a brand name must be dispensed, then the pharmacist may not substitute the generic. Sometimes an acceptable generic is available that your doctor may not be aware of.
What has happened to Kleenex? ›
In August of 2023, Kimberly-Clarke made an announcement. Kleenex was to disappear from Canadian shelves. It was surprising news, since Kleenex has been a staple in this country since the 1920s. Prior to World War One, European manufacturers had developed a product called creped cellulose wadding.
Who is the parent company of Kleenex? ›
The Kleenex trademark is owned by Kimberly-Clark, which launched the brand in 1924 as a disposable cleaning tissue for removing cosmetics. The brand launched as a handkerchief substitute in 1930 and has been the No.
What is the generic name for ChapStick? ›
Is ChapStick a trademarked name? ›
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 the word ChapStick copyrighted? ›
The words “Kleenex” and “ChapStick” are examples of trademarked words that have become so common they often replace the generic term for the item.
Is ChapStick a brand name? ›
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