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ARTICLE · 20 SEPTEMBER 2024

Is Tupperware Still A Brand?

Marks & Clerk
Marks & Clerk
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Marks & Clerk

Marks & Clerk

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Tupperware, facing declining sales and brand "genericide," has filed for bankruptcy in the U.S., seeking a buyer to continue operations. The company's iconic trademark, at risk of losing distinctiveness, further threatens its financial and market position.

United KingdomIntellectual Property

A thorny question.

In their 17 September 2024 announcement, TUPPERWARE declared that they are 'an iconic global brand' but that they have had to initiate proceedings in the United States Bankruptcy Court. The business hopes to find a buyer and aims to continue operating, but TUPPERWARE clearly faces a number of challenges.

For example, within the opening sentences of the BBC's report on the bankruptcy they note that "The 78-year-old firm has become so synonymous with food storage that many people use its name when referring to any old plastic container". The BBC are describing 'genericide' - the term for when a trade mark becomes the generic word for a certain type of product itself (e.g. plastic food storage containers), rather than serving to identify the maker of that product (i.e. the brand). If a trade mark has become non-distinctive and can no longer indicate the origin of products, then it can no longer function as a trade mark that identifies a brand.

In my previous article on TUPPERWARE in April 2023 I questioned whether the brand could survive tumbling sales and the slide towards genericide. It appears they are struggling to do so. If the business is not careful the trade mark may be headed for the 'Genericide Hall of Fame', featuring other former trade marks such as:

  • SELLOTAPE
  • TRAMPOLINE
  • HOVERCRAFT
  • VIDEOTAPE
  • FLIP PHONE
  • DRY ICE

As I noted last year, if the TUPPERWARE trade mark's well-known status has spilled over into genericism this will threaten its validity and decrease its financial value - both spelling further troubles for the struggling brand.

The 78-year-old firm has become so synonymous with food storage that many people use its name when referring to any old plastic container.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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