Generic trademark

A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that, because of its popularity or significance, has become the generic term for, or synonymous with, a general class of products or services, usually against the intentions of the trademark's owner.

A trademark is prone to genericization, or "genericide", when a brand name acquires substantial market dominance or mind share, becoming so widely used for similar products or services that it is no longer associated with the trademark owner, e.g., linoleum, bubble wrap, thermos, taser. A trademark thus popularized is at risk of being challenged or revoked, unless the trademark owner works sufficiently to correct and prevent such broad use.

Trademark owners can inadvertently contribute to genericization by failing to provide an alternative generic name for their product or service or using the trademark in similar fashion to generic terms. In one example, the Otis Elevator Company's trademark of the word "escalator" was cancelled following a petition from Toledo-based Haughton Elevator Company. In rejecting an appeal from Otis, an examiner from the United States Patent and Trademark Office cited the company's own use of the term "escalator" alongside the generic term "elevator" in multiple advertisements without any trademark significance. Therefore, trademark owners go to extensive lengths to avoid genericization and trademark erosion.