Genericide
What does "Genericide" mean in law?
Genericide occurs when a trademark becomes so commonly used by the public as the generic name for a type of product or service that it loses its ability to function as a source identifier and thus loses trademark protection. Once a mark becomes generic, it falls into the public domain and competitors may freely use the term. Classic examples include 'aspirin,' 'escalator,' and 'thermos,' which were once protected trademarks that became generic through widespread public use as common nouns. Trademark owners combat genericide by policing unauthorized use, educating the public that the mark is a brand name (not a product category), and using the mark as an adjective rather than a noun (e.g., 'Xerox copiers' rather than 'Xeroxes').
Definition
Genericide occurs when a trademark becomes so commonly used by the public as the generic name for a type of product or service that it loses its ability to function as a source identifier and thus loses trademark protection. Once a mark becomes generic, it falls into the public domain and competitors may freely use the term. Classic examples include 'aspirin,' 'escalator,' and 'thermos,' which were once protected trademarks that became generic through widespread public use as common nouns. Trademark owners combat genericide by policing unauthorized use, educating the public that the mark is a brand name (not a product category), and using the mark as an adjective rather than a noun (e.g., 'Xerox copiers' rather than 'Xeroxes').
Example
Google actively fights genericide by discouraging the use of 'google' as a generic verb meaning 'to search the internet,' because if the public comes to understand 'google' as a common word rather than a brand name, the company could lose its trademark rights.