What is trademark genericide?
Trademark genericide occurs when a brand name becomes so commonly used that it transforms into a generic term for a type of product or service, rather than identifying the specific source. This shift can result in the loss of trademark protection, leaving the brand vulnerable to imitation and dilution.
The Legal Information Institute defines genericide as "the gradual process of a trademarked term becoming generic through use by the common individual" . When a term becomes generic, it can no longer receive trademark protection, and existing trademarks may become unenforceable.
Historical Examples of Genericide
Several well-known brands have fallen victim to genericide:
Aspirin: Originally a trademark of Bayer, "aspirin" became the generic term for acetylsalicylic acid, leading to the loss of trademark protection in the U.S. in 1921 .
Escalator: Once a trademark of the Otis Elevator Company, "escalator" lost its trademark status in 1950 after it was deemed generic for moving staircases .
Thermos: The term "thermos" became synonymous with vacuum flasks, resulting in the loss of trademark protection in the U.S. in 1963 .
These examples illustrate how a brand's success in becoming a common term can inadvertently lead to the erosion of its legal protections.
Why genericide happens more often today
Today we are seeing more brands falling victims to genericide and losing the legal protection to their name.
There are a couple of reasons to explain that:
Social media spreads language fast. A catchy term can go viral in hours, and people often refer to products casually, without considering brand protection.
Online marketplaces dilute brand clarity. When competitors use your trademark in product listings (intentionally or not), the distinction between brand and category can blur.
The faster you grow, the more you risk becoming “the category.” If your brand defines a new market or product type, you’re especially vulnerable.
Fame shouldn’t cost you your name
Trademark genericide is a strange twist in the life of a brand. You work hard to gain attention, trust, and adoption—only to discover that too much popularity can put your trademark at risk.
But with smart legal strategy, ongoing education, and the right enforcement tools, you can protect your brand name and ride the wave of popularity safely.
At Trama, we’ve helped over 25,000 brands across 100+ countries protect what matters most—their name. Whether you’re going viral or just getting started, we make trademark protection simple, fast, and reliable. Want to ensure your brand is safe as it grows? Start with our free lawyer’s check—and secure your name for the future.
