1. Generic Marks

These are terms that directly name a product or service and can never be registered as trademarks because they cannot distinguish one trader’s goods from another.

Examples of Generic Marks:

• Milk (for dairy products)

• Bread (for bakery products)

• Shoes (for footwear)

• Soap (for cleaning products)

• Laptop (for portable computers)

• Rice (for grains)

• Table (for furniture)

Such terms only describe the product itself and are not protectable under trademark law.

2. Genericized (or Degenerated) Trademarks

These were once valid, registered trademarks but became too commonly used by the public as the product name. Courts later ruled that they lost distinctiveness and became generic.

Famous Examples Worldwide:

• Aspirin – Once a trademark of Bayer, now generic for painkillers in many countries.

• Escalator – Originally owned by Otis Elevator Co., now a common term for moving staircases.

• Thermos – Originally a brand name, now used generically for vacuum flasks.

• Cellophane – Originally DuPont’s trademark for transparent wrapping material.

• Yo-Yo – Originally trademarked by Duncan, but became generic for the toy.

• Granola – Originally a brand, now used generically for oat-based cereals.

• Zipper – Once a B.F. Goodrich trademark, now the common name for fastening devices.

• Kerosene – Originally registered, now generic for fuel oil.

More Recent / Risk-Prone Examples:

• Google – Still a strong trademark, but people often use “Google” as a verb (“to google something”).

• Xerox – Risks genericization because people use “Xerox” to mean “photocopy.”

• Velcro – Actively campaigns with ads like “Don’t Say Velcro” to prevent genericization.

• Band-Aid – Trademark of Johnson & Johnson, but often used for any adhesive bandage.

• ChapStick – A brand name for lip balm, but often used generically.

• Dumpster – Originally a trademark of Dempster Brothers, now a generic word for large trash containers.

Why This Happens

• Excessive public use of the mark as the product name.

• Insufficient enforcement by trademark owners.

• Lack of consumer awareness distinguishing brand vs. product.