From "Tequila" To "TEQUILA®" – Registering A Generic Term

The trademark lawyers sternly warn us: "Don't let your trademark become generic!" They tell us horror stories: ASPIRIN was once a trademark, but became generic from improper use. Same thing for ESCALATOR and INTERNET. Some trademark owners implement aggressive marketing campaigns to prevent this terrible fate: "It's KLEENEX^® brand facial tissue," or "VELCRO^® brand hook-and-loop fasteners," or "XEROX^® brand copiers." We even have a clever name for lost trademarks. "Genericide" is when a trademark dies, becoming generic due to rampant and improper use. But is the reverse possible? Can a generic term become registered like a trademark? Though it may sound like trademark mythology, it is possible. So pour a shot of your favorite south-of-the-border spirits, and let's look at how "tequila" became "TEQUILA^®."