he Problem with Too Much Brand Recognition

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Ever heard someone say this…  “Do you have a kleenex handy?”  “Their favorite game at Summer Camp this year was ping pong.”  “Can you get me a band aid for this cut on my finger?”  “The only sneakers my son likes are the ones with velcro fasteners.”  “My kids love going to their uncle’s house because they can jump on the trampoline.”  “Take the escalator up to the second floor to find the restrooms.” These are all common statements that people make every day.  But, at one point, they were incorrect because they were using brand names for generic products.  This is called genericization. 

When you tell someone to google it, that is genericization.  And when someone says “If you don’t want the cold to dry your lips, use chapstick at least two or three times a day.”, that person is referencing a brand that has succumbed to genericization and suffered genericide – or Brand Death — as a result.  Sounds dramatic, and it is.

Genericization:  The Good, The Bad and The Ugly

Genericization seems like the pinnacle of brand power.  Surely any company – every company – would be thrilled to have a brand that is so well-known… so established… that people substitute the brand for the name of the product.  After all, saying “Pass the Heinz” must be music to Heinz ketchup’s Chief Marketing Officer.  Achieving that level of brand power is difficult.  Few have ever reached that ultra-desirable peak of synonymous product-brand recognition.  But is genericization brand nirvana?  Unfortunately, no. 

Genericization is not the height of brand power.  It’s the equivalent of having scaled the Mount Everest of brand recognition and then having the brand fall off the summit to its death.  That’s because there’s more to genericization than meets the eye.  It is not all that it’s cracked up to be.  Genericization is, in fact, a classic case of “too much of a good thing.”  Why?  Because when people say “if you have a headache, taken an aspirin”, they’ve replaced the brand name with what is actually acetylsalicylic acid. And, as is the case with aspirin, that kind of genericization does more harm than good.  Thanks to rampant genericization of the brand name, aspirin is no longer a brand name.  It is now the generic name and aspirin has no intellectual property protection anymore.

Succumbed to Genericide

Many brands have fallen off the brand name cliff into the generic abyss.  Besides aspirin, there are many others.  You guessed it.  Ping Pong, once a trademark, is now widely used as the common name for table tennis.  So is Chapstick… another trademarked name that has become a generic term for lip balm. And even though escalator was invented by Otis Elevator Company, it lost its trademark and became the common name for moving stairways.  This is called genericide.

And here are some more cases of genericide you might not even know about.  Originally trademarked by DuPont, cellophane is now a generic term for a transparent sheet made of regenerated cellulose.  Thermos, the name for a vacuum-insulated container, lost its trademark protection due to common usage.  Westinghouse Electric originally introduced the term Laundromat but the name lost its trademark protection due to common usage and became generic for self-service laundry facilities.  Initially trademarked, Trampoline is now the generic term for a recreational device using a fabric sheet and springs. Originally a trademark, Zipper is now the common generic term for a sliding fastener. Originally a trademark, Yo-Yo is now the generic name for the toy pulled up and down on a string. The list goes on and on.  Those brands got so powerful that they became ubiquitous and that cost them their trademark protection.  It was good and then it became too good until it became bad.  If consumers start using a brand name generically (e.g., “Kleenex” for all tissues), it signals a loss of the brand’s unique identity in their minds, a step towards genericization.

Fighting Genericide

Not every company gives in to genericization and eventual genericide.  Xerox has actively worked to prevent genericide by educating the public to use “Xerox” as a brand name and not as a verb for photocopying.  Taser International is actively working to prevent the term Taser or “being tasered” from becoming generic.  And, even though Google is facing potential genericide — as the verb “to google” has become a common term for searching the internet — they are fighting to protect their trademark protection. 

Genericization is bad for businesses because it not only can lead to the loss of trademark rights, which means the company loses its exclusive right to use the name and competitors can use it freely, it also weakens brand identity and can be catastrophic for startups. Here’s why.

Problems with Genericization

1. Loss of Trademark Rights – When a term becomes generic and trademark registration is cancelled, the company can no longer prevent others from using the name. This means competitors can use the same term to market their products, potentially confusing consumers and eroding the original brand’s market share. 
   
   
2. Weakened Brand Identity – Genericization blurs the lines between a specific brand and the general product category, making it harder for consumers to distinguish the original brand. This can damage the brand’s reputation and make it more difficult to build loyalty. 
   
   
3. Difficulty in Enforcement – With a genericized trademark, a company loses the ability to control how the term is used. They can no longer prevent others from using the term in marketing, advertising, or even product naming.  The competitor actually gets to benefit from another company’s brand strength. So one company paid to build up the brand and a competing brand gets to enjoy the benefits of it for free.  Talk about adding insult to injury.
   
   
4. Catastrophic for Startups – For startups, losing a trademark through genericide can be especially damaging. They may have invested significant resources in building brand recognition, and that investment can be lost if the trademark becomes generic.
   
   
5. Emboldens Counterfeiting – Genericization also encourages counterfeiters.  A forger will use the brand name to sell a knock-off, like jean manufacturers selling jeans but calling them “Levis”.  The more that imitation products successfully use a brand’s name, the more it reinforces genericization, weakens the brand, steals customers and muddies the brand’s authenticity.  This happens a lot on Amazon.  In fact, Marqvision estimates that “The top 1% of sellers are responsible for 30% of counterfeits.”

Fighting the Persistent Threat of Genericization

To prevent brand genericization, companies can employ a series of legal-marketing tactics such as using trademarks as adjectives (not nouns) and always pairing them with a descriptive term, using the correct trademark symbols (™, ®), educating the public, and actively monitoring and enforcing trademark rights, and more.  Here’s how.

Trademark as an Adjective – Avoid using a trademark as a generic term for the product. For example, instead of creating a commercial where the customer says “I need Chapstick,” have the customer “I need Chapstick lip balm”. 

Use a Descriptive Term – Also pair a trademark with a generic term that describes the product. For instance, “Kleenex brand tissues” or “Jell-O brand gelatin”.  That is how Kimberley Clark, owner of the Kleenex brand, is fighting genericization.

Trademark Symbols – Companies that have gone to the trouble of protecting their brand should use appropriate trademark symbols (™ for unregistered marks, ® for registered marks) to indicate that the mark is a trademark and to deter unauthorized use. 

Educate the Public – Educating about the proper use of a trademark falls to the trademark holder. This can be done through marketing campaigns, website information, and internal guidelines.  It is a battle that must be waged continually for at-risk brands.  Recent marketing research flagged Photoshop — which is used generically to denote software that allows photo alteration — as a modern trademark which is at high risk of genericization.  It now falls to Adobe, owner of Photoshop, to educate the public on the correct use of the brand name.

Enforcement – Monitor the use of a trademark by others and take action against those who misuse it. This demonstrates that the company is actively protecting its brand rights and helps prevent the mark from becoming generic. 

Strong Brand Identity – Develop a strong brand identity that extends beyond the product name itself. This can include a distinctive logo, packaging, or slogan according to some sources.  While Xerox has dedicated tremendous financial and legal resources towards educating consumers and enforcing proper trademark usage since the 1970s, “xerox” still gets widely used colloquially as a verb synonymous with “photocopy.”  They have fought it legally but are currently at risk of losing that battle.

Proactive Approach – Companies that anticipate a trademark could become generic – like the Ozempic brand being used casually to describe all semaglutide drugs that are being used for weight loss – should consider launching a marketing campaign to educate the public about its correct usage.   

Register the Trademark – Registering the trademark with the relevant authorities provides legal protection and helps prevent others from using the mark. 

Monitor Online Presence – Monitor the brand’s online presence, including social media, to identify and address any instances of misuse.  There are now a host of software using AI to help monitor misuse of the brand name on the web and on specific platforms like Amazon. 

Legal Counsel – Consult with a legal professional specializing in trademark law to ensure the brand is taking all necessary steps to protect itself from genericization. 

These strategies can help protect trademarked brands from becoming generic and maintain their distinctiveness and value. 

Quote of the Week
“A brand is no longer what we tell the consumer it is – it is what consumers tell each other it is.” Scott Cook

© 2025, Keren Peters-Atkinson. All rights reserved.