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ARTICLE · 26 JULY 2016

Genericide

Genericide: a word that strikes terror in the hearts of any trademark owner or brand manager. What exactly is genericide? It's the trademark equivalent of homicide.

United StatesIntellectual Property

Genericide:  a word that strikes terror in the hearts of any trademark owner or brand manager.

What exactly is genericide?  It's the trademark equivalent of homicide.  It is when a mark becomes so successful and  well known for a given product or service in that it no longer is source identifying.  Rather, the mark identifies the class of product or service and has become generic – thus killing the trademark.  One can just cry over all that good will and brand equity vanishing once a mark becomes generic.

Although rare, a recent decision by the Trademark Trial and Appeal Board reminds us that genericide remains a real threat to those brand owners lucky enough to have highly successful marks.

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