Thank you Bhavini Mistry for your diligent research and writings. Another of her contributions here.
Sometime in your life, you have used products as a generic word in a conversation. Some examples would include “Do you have a band-aid”, “Want to play Frisbee?”, or “Have you downloaded that new app?”.
In the business world, there is a risk of having a trademark become generic due to consumer perceptions and business competition. Trademarks are intended to indicate the source of the product or service. It is common that trademarks can lose their individuality if consumer identifies the trademark with the product itself rather as something coming from the company. Trademarks can last forever as property of its owner, but that exclusivity can be lost if it is improperly used.
Intellectual property judges can be persuaded by other businesses claiming that they are allowed to use that company’s trademark because it has become genericized and are used in everyday language like the words aspirin and escalator. which at one time were protected as trademarks.
Trademarks can avoid being genericized by using registered or unregistered trade mark symbols, distinguishing the trademark from the product in advertising
and social media use, and using alternative generic names with the mark to highlight individuality or contrast them.
In 2014, Tiffany and Co., the famous American jewelry company, went against Costco for illegally selling “Tiffany” engagement rings claiming it was damaging Tiffany’s trademark. Costco responded by affirming that the term “Tiffany” has become generic in regards to luxury rings. Two years later, the judge ruled in support of Tiffany and Co. by stating that there was no evidence verifying that the term “Tiffany” has weaken the jewelry company’s trademark. One lesson from all this is that as with any other property you must be vigilant and make sure others do not try to appropriate your hard earned assets.
Sometime in your life, you have used products as a generic word in a conversation. Some examples would include “Do you have a band-aid”, “Want to play Frisbee?”, or “Have you downloaded that new app?”.
In the business world, there is a risk of having a trademark become generic due to consumer perceptions and business competition. Trademarks are intended to indicate the source of the product or service. It is common that trademarks can lose their individuality if consumer identifies the trademark with the product itself rather as something coming from the company. Trademarks can last forever as property of its owner, but that exclusivity can be lost if it is improperly used.
Intellectual property judges can be persuaded by other businesses claiming that they are allowed to use that company’s trademark because it has become genericized and are used in everyday language like the words aspirin and escalator. which at one time were protected as trademarks.
Trademarks can avoid being genericized by using registered or unregistered trade mark symbols, distinguishing the trademark from the product in advertising
and social media use, and using alternative generic names with the mark to highlight individuality or contrast them.
In 2014, Tiffany and Co., the famous American jewelry company, went against Costco for illegally selling “Tiffany” engagement rings claiming it was damaging Tiffany’s trademark. Costco responded by affirming that the term “Tiffany” has become generic in regards to luxury rings. Two years later, the judge ruled in support of Tiffany and Co. by stating that there was no evidence verifying that the term “Tiffany” has weaken the jewelry company’s trademark. One lesson from all this is that as with any other property you must be vigilant and make sure others do not try to appropriate your hard earned assets.