ARTICLE · 02 JULY 2012

Generic Trade Marks: An Unwanted Success Story?

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All brand owners strive for their trade mark to be instantly recognisable to consumers’ eyes and ears.

United KingdomIntellectual Property

Craig Smith

All brand owners strive for their trade mark to be instantly recognisable to consumers' eyes and ears. However, where a brand is so successful in its product field, there is a danger that the trade mark could be challenged on the basis that it has become "generic". In other words, it has become the common name for that type of product or service, regardless of who makes or provides it.

Examples of trade marks that have become synonymous with all products in their field, regardless of the manufacturer, are "ESCALATOR", "HOOVER" and "LINOLEUM". Modern examples of marks that are at risk of becoming generic include "iPOD", "GOOGLE" and "KINDLE"

Here's some top tips to stop your brand losing its identity:

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