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ARTICLE · 17 NOVEMBER 2025

When A Trademark Becomes Too Popular: Understanding The Risk Of 'Genericide'

A trademark helps distinguish a business's offerings from those of its competitors. In a crowded marketplace, a distinctive trademark allows consumers to easily identify and choose...

CanadaIntellectual Property

A trademark helps distinguish a business's offerings from those of its competitors. In a crowded marketplace, a distinctive trademark allows consumers to easily identify and choose a particular business's goods or services over those of others. Over time, a trademark becomes associated with the reputation and goodwill of the business. Positive experiences with a particular good or service serve to reinforce the value of the trademark. This goodwill can translate into repeat business and referrals.

When a trademark becomes generic

However, a trademark can become so well-known that consumers and other parties use it as a generic term for all similar goods or services, effectively eliminating its distinctiveness. This phenomenon is known as “genericide.” Once a trademark becomes generic, the owner can lose its exclusive rights to use the trademark. This means competitors can use the trademark freely, and the original owner can no longer prevent others from using it.

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About Dentons

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com

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