When Brand Recognition Becomes Too Much: Genericide and How to Avoid It

Teghan O’Connell

The Lanham Act allows for the removal of trademark protection for brands which become synonymous with the product they produce. This process is called genericide. Genericide happens when a brand is no longer distinct from a general product and is something we have often seen through history. [1] Genericide is allowed due to language in trademark laws[2] which dictates trademarks must be distinct and identifiable as a brand. [3] The most recognizable example of genericide is aspirin. The trademark for “Aspirin” as a fast and reliable form of acetylsalicylic acid, owned by Bayer, was revoked in 1919, just 20 years after it was initially granted.  [4]

The brand Kleenex is currently fighting genericide by attempting to distinguish themselves from generic tissues. Kleenex is now referring to “Kleenex tissues” and creating a distinction between other brands and their own. Velcro has been in a similar battle, trying to draw a distinction between their brand and the general product (a hook and loop closure) by releasing a musical ad campaign. [5] Another way brands fight genericide is by using their brand as an adjective instead of a verb (i.e., “Google search” vs. “Googling”), therefore distinguishing their brand from the general service. [6]

References

[1] Indie Law, When Does a Trademark Become Generic?, Indie Law (Mar. 10, 2025), https://www.indielaw.com/blog/when-does-a-trademark-become-generic

[2] § 2 (15 U.S.C. § 1052)

[3] Daisy Banakhede, When Trademarks Become Generic: Lessons from History, IP Link (Dec. 10, 2024), https://www.iplink-asia.com/article-detail.php?id=1233

[4] Daisy Banakhede, When Trademarks Become Generic: Lessons from History, IP Link (Dec. 10, 2024), https://www.iplink-asia.com/article-detail.php?id=1233

[5] Jacob Metzger, Too Much of a Good Thing: How Genericide Sends Trademarks to the Graveyard, University of Cincinnati Law Review, Vol. 91, https://uclawreview.org/2023/03/21/how-genericide-sends-trademarks-to-the-graveyard/

[6] Legal Clarity Team, What Is the Meaning of Genericide in Trademark Law?, Legal Clarity (Jan. 22, 2025), https://legalclarity.org/what-is-the-meaning-of-genericide-in-trademark-law/