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ARTICLE · 28 JULY 2025

How to Avoid the Fate of Brand Genericide

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To avoid brand genericide, always use the ® symbol with your trade mark and promote it alongside a noun.

AustraliaIntellectual Property
Michelle Yang
Michelle Yang
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In Short

  • Brand names can become generic if overused, risking loss of trade mark protection.
  • Google avoided losing its trade mark due to public association with its search engine.
  • Prevent genericide by enforcing trade mark rights, using marks properly, and educating the public.

Tips for Businesses
To avoid brand genericide, always use the ® symbol with your trade mark and promote it alongside a noun (e.g., "Buy a Kleenex tissue"). Monitor usage and take action against infringements early. Educate the public on proper use of your trade mark to maintain its distinctiveness and protect your brand's value.

It is not uncommon for trade marks to become familiar, descriptive words. For instance, consider tissues and the brand Kleenex. Indeed, it may seem ideal to market your brand so successfully that your trade mark becomes a common word. However, this can create problems regarding trade mark protection. For example, in 2017, the search

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