List of generic and genericized trademarks
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Contents |
[edit] List of former trademarks that have become generic terms
The following list contains marks which were originally legally protected trademarks, but which have subsequently lost legal protection as trademarks by becoming the common name of the relevant product or service, as used both by the consuming public and commercial competitors. Some marks retain trademark protection in certain countries despite being declared generic in others.
- Aspirin - Still a Bayer trademark name for acetylsalicylic acid in about 80 countries, including Canada and many countries in Europe, but declared generic in the U.S.[1]
- Catseye Originally a trademark for a specific type of retroreflective road safety installation, now a generic term. [2]
- Cellophane[3] – Originally a trademark of DuPont[4]
- Dry ice[5] – Trademarked by the Dry Ice Corporation of America in 1925[6]
- Escalator – Originally a trademark of Otis Elevator Company[7]
- Heroin[8] – Trademarked by Friedrich Bayer & Co in 1898[9]
- Kerosene[10] – First used around 1852
- Lanolin – Trademarked as the term for a preparation of sheep fat and water[11]
- Laundromat - coin laundry shop[12]
- Linoleum – Floor covering[13]
- Mimeograph[14] – Originally trademarked by Albert Dick
- Pilates exercise system – United States trademark formally canceled by court in 2000[15]
- Thermos - Originally a Thermos GmbH[16] trademark name for a vacuum flask; declared generic in the U.S. in 1963[17]
- Touch-tone – Dual tone multi-frequency telephone signaling; AT&T states "formerly a trademark of AT&T"[18]
- Trampoline – Originally trademarked by George Nissen[19][20] for the generic "rebound tumbler"
- Videotape - Originally trademarked by Ampex Corporation[21], an early manufacturer of audio and video tape recorders.
- Hoover - This is a trademarked product from the Hoover Company, North Canton, Ohio. Its popularity, mainly in the United Kingdom, led to vacuum cleaners being referred to as Hoovers.
- Webster's Dictionary – The publishers with the strongest link to the original are Merriam-Webster, but they have a trademark only on "Merriam-Webster", and other dictionaries are legally published as "Webster's Dictionary"[22]
- Yo-Yo – Still a Papa's Toy Co. Ltd. trademark name for a spinning toy in Canada, but declared generic in the U.S. in 1965[23]
- Zipper – Originally a trademark of B.F. Goodrich[24]
[edit] List of protected trademarks frequently used as generic terms
Marks in this list are still legally protected as trademarks, but are sometimes used by consumers in a generic sense. Unlike the names in the list above, these names are still widely known by the public as brand names, and are not used by competitors. Scholars disagree as to whether the use of a recognized trademark name for similar products can truly be called "generic", or if it is instead a form of synechdoche.[25] The previous list contains trademarks that have lost their legal status in some countries, while the following list contains marks which have been registered as trademarks, continue in use, and are actively enforced by their trademark owners. Writing guides such as the AP Stylebook advise writers to "use a generic equivalent unless the trademark is essential to the story."
| Trademark or Brand Name | Generic name | Trademark owner | Notes |
|---|---|---|---|
| Adrenalin | epinephrine | Parke-Davis | Widely referred to as "adrenaline" outside of the U.S., and in the BAN and EP systems.[26][27] |
| Airfix | Plastic injection-moulded scale model kits | Hornby Railways | Still used widely in the UK to describe a scale model as it was the dominant brand at that time.[28] This news article is one example of the brand being treated as a generic term. |
| AstroTurf | Artificial turf | Monsanto Company (formerly) AstroTurf, LLC |
[29] Also gave use to the term Astroturfing. |
| Armco | Crash barrier | AK Steel Holding | Used widely in the UK to describe a crash barrier manufactured from corrugated steel that is a common sight in race tracks as a result of it being referred to by Murray Walker, the British F1 commentator at the time.[30] |
| Band-Aid | Adhesive bandage | Johnson & Johnson | Often used as though generic by consumers in Canada and the U.S., though still legally trademarked.[25] |
| Biro | Ballpoint pen | Société Bic | Used generically in colloquial British and Australian English, particular for cheaper disposable pens, but remains a registered trademark.[31] |
| Bridgeport | milling machine | Bridgeport Machines, Inc., a subsidiary of Hardinge, Inc. | [32] |
| Bubble Wrap | air-filled plastic wrapper | Sealed Air Corporation | [33] |
| Clorox | Bleach | Clorox Company | [34] |
| ChapStick | Lip balm | Wyeth Consumer Healthcare | [35] |
| Coke | Cola, soft drink, pop, soda | The Coca-Cola Company | Popularly used in the Southern United States to refer to any soft drink; still a trademark.[36] Also used for rival brands of cola (e.g., Pepsi) elsewhere, such as in the UK.[citation needed] |
| Colt | revolver | Colt's Manufacturing Company | A common choice of gun during the Wild West, it was used to describe any revolvers during the 19th century, regardless of brand.[37] |
| Connollising | As a verb, to restore automobile leather interior | Connolly Leather | Often used by automobile enthusiasts and medias, when to describe restoring leather interiors, thanks to the high interrnational reputation of the company.[38][39] |
| Crock-Pot | slow cooker | Rival Industries | "Crock pot" and "crockpot" are common synonyms used by cooks to describe any slow cooker.[40] |
| Cuisinart | Food processor | Conair | Sometimes used in the U.S. to refer to any food processor, but still a trademark.[41] |
| Dictaphone | Dictation machine | Nuance Communications | To date, one of the five oldest surviving U.S. brands.[33] |
| Discman | Portable CD player | Sony Corporation | As with "Walkman" (below), this was commonly used generically, but remained a legally recognized trademark.[42] |
| Dormobile | Motorhome | Bedford Vehicles then Dormobile (Folkestone) Ltd |
Widely used in the United Kingdom to describe any motorhomes.[43] This article by the BBC is an example of the term being used generically. |
| Durex | adhesive tape (Australia, Brazil) | 3M | Used in Brazil ("fita durex")[44] and some areas of Australia[31][45][46] as a generic name for adhesive tape. |
| condoms (UK) | SSL International | In the UK, a brand of condom, which is often used generically.[47] | |
| Dumpster | waste receptacle | Dumpster brand | |
| Elastoplast | Adhesive bandage | Beiersdorf | Used in commonwealth countries as an all-encapsulating name for adhesive bandages.[48] |
| Esky | cooler | Nylex | Australian usage[49] |
| Formica | Wood or plastic laminate | Formica Corporation, part of Fletcher Building | Widely used for the generic product. An attempt to have the trademark quashed failed in 1977.[50] |
| Frisbee | flying disc | Wham-O | [51][52] |
| Glad Wrap | cling-film | Glad (company) | [53] Used in Australia, New Zealand. |
| As a verb, to use a web search engine | Often used by users and in the media as if it were a generic verb "to search the Internet" in the U.S. and Canada, but still a legally recognized trademark.[54] | ||
| Hacky Sack | footbag | Wham-O | [55][56] |
| Hills Hoist | Rotary clothes line | Hills Industries | Australian usage[57] |
| Hoover | Vacuum cleaner | The Hoover Company | Widely used as a noun and verb.[50] De facto loss of trademark in the UK.[54] |
| Jacuzzi | hot tub or whirlpool bath | Jacuzzi | [58][59] |
| Jandal | flip-flop | Sandford Industries | [60] |
| Jeep | Compact sport utility vehicle | Chrysler | Chrysler recently used "trademark awareness" advertisements to prevent the brand from becoming a generic noun or verb, including such statements as They invented ‘SUV’ because they can’t call them Jeep[61] |
| Jell-O | Gelatin dessert | Kraft Foods | The Jell-O brand also encompasses pudding products[62]. This is one example of usage by Martha Stewart. |
| Jet Ski | Stand-up personal watercraft | Kawasaki | Used universally to refer to any type of personal watercraft.[63] This news article is one example of usage. |
| JumboTron | Large-screen television | Sony Corporation | Still used, although Sony exited the market for this product in 2001.[64] |
| Kleenex | Facial tissue | Kimberly-Clark | Often used by consumers as if it were generic in the U.S. and Canada, but still a legally recognized trademark.[25] |
| Lexan | polycarbonate resin thermoplastic glass | SABIC | [65][66] |
| Lilo | Air mattress | Lilos | Refers to inflatable beds, especially when used as a floating bed. [67][68] |
| Matchbox | Die cast toy | Mattel | Used at its height of popularity to describe die cast cars.[69] |
| Netbook | Class of portable computers | Psion | Registered as a trademark by for the Psion Netbook product, but now is being challenged for cancellation as generic by Dell, who claims that netbook refers to an entire class of portable computers.[70] |
| NOS (Nitrous Oxide Systems) | Nitrous | Holley Performance Products | Widely used generically to describe nitrous systems used in motor vehicles.[71] One example of this was when it was used prominently in the 2001 film The Fast and the Furious. |
| Onesies | Infant bodysuit | Gerber Products Company | Often used by consumers in the U.S. as if it were generic; "Onesies" still a legally trademarked brand name of Gerber, which objects to its usage in the singular form as "Onesie" or as a generic product name.[72] |
| Otter Pops | Plastic tube filled Frozen snack with flavored sugary liquid | National Pax | Often used as a name for a style of frozen snack consisting of a frozen tube in which frozen sugary liquid is pushed up through the top and eaten. [73] |
| Perspex | Lucite | acrylic glass | [74] |
| Photoshop | Photo manipulation | Adobe Systems | Commonly used as a verb to generically describe digital manipulation or compositing of photographs.[75] |
| Polaroid | Instant film | Polaroid Corporation | Commonly used to refer instant photograph shot during model auditions.[76] |
| Popsicle | Ice Pop | Popsicle | [77] |
| Portakabin | portable building | Portakabin | [74][78] |
| Post-its | Sticky notes | 3M | Often used by consumers as if it were generic in the U.S. and Canada, but still a legally recognized trademark.[79] |
| Pot Noodle | Instant noodles | Unilever | Used widely in the United Kingdom as it is the dominant brand.[74] |
| PowerPoint | Presentations | Microsoft | Used to refer to "presentation graphics" or a "slideshow presentation" created on software such as Microsoft PowerPoint, Apple Keynote, OpenOffice Impress, Google Docs Presentations, etc. [80] |
| Q-tips | Cotton swabs | Unilever | Often used by consumers as if it were generic in the U.S., but still a legally recognized trademark.[81] |
| Rizla | Rolling paper | Imperial Tobacco | Often used to describe rolling papers which are used to contain rolled tobacco or marijuana.[82] |
| Rollerblade | Inline skates | Nordica | Commonly used name by consumers in the U.S.,[citation needed] but the name is still a trademark. [83] |
| Saran Wrap | plastic wrap | S. C. Johnson & Son Asahi Kasei |
[35] |
| Scalextric | Slot car | Hornby Railways | Used commonly in the United Kingdom to describe slot cars and the hobbies itself.[84] |
| Scotch tape | Clear adhesive tape (US) | 3M | Appears in dictionaries as both generic and trademarked.[85] "Trademark Law" advises that proper usage is "Scotch brand cellophane tape" to combat "generic tendencies".[86] |
| Sea-Doo | Sit-down personal watercraft | Bombardier Recreational Products | Used regionally in the U.S. (where the company holds 50.3% of the market share) to refer to any type of sit-down PWC. Usage is strongest in Canada, especially in Quebec, where the manufacturer is based.[87] |
| Sellotape | Clear adhesive tape (UK) | The Sellotape Company, owned by Henkel Consumer Adhesives | Often used generically as a verb and noun.[88][89][90] Appears in dictionaries as both generic and trademarked.[91] |
| Sharpie | permanent marker | Sanford L.P., owned by Newell Rubbermaid | James Faulkner, Sanford's marketing manager has said "In America the Sharpie name is used as the generic for a permanent marker".[92] |
| Stelvin closure | Screw cap | Rio Tinto Alcan | Often used generically.[93] |
| Styrofoam | extruded polystyrene foam | Dow Chemical Company | In the United States and Canada, "styrofoam" is often used as a generic term for disposable foam cups, plates, coolers and packing material, although these are made from a different polystyrene product than true Styrofoam Brand Foam,[94] which is made for thermal insulation and craft applications.[95] |
| Super Hero | Superhero | DC comics Marvel Comics | The two-word version of the term is a trademark co-owned by DC Comics and Marvel Comics.[96] |
| Surform | surform | Stanley Works | |
| Targa top | Semi-convertible hard roof panel | Porsche | Although first used in the 1960s, trademark was not claimed until the 1970s, when its popularity grew; hence, the name is treated as a generic trademark by the general public and the motoring press. It is an Italian word for "shield" and was named after the Targa Florio road race in which the top made its debut in 1964.[97] |
| Tarmac | Asphalt road surface. | Tarmac | Often used by consumers as if it were generic in the UK, but still a legally recognized trademark.[98] |
| Taser | Electroshock weapon | Taser Systems Taser International |
Acronym for a fictional weapon: Thomas A. Swift's Electric Rifle.[99] Taser is a registered tradename, prompting a backformed verb "to tase" which means "to use a Taser on", although "to taser" is also commonly used. |
| Telecopier | facsimile machine | Xerox | [74] |
| Tippex | Correction fluid | Tipp-Ex | Taken in Europe (especially Germany, France, and The UK) as meaning white liquid applied with a brush used to hide mistakes written on typed with ink so they can be overwritten.[100] |
| Twink | Correction fluid | Twink | Used in New Zealand. |
| Tylenol | Paracetamol | McNeil Consumer Healthcare | [35] |
| Vaseline | Petroleum jelly, petrolatum | Unilever | Often used by consumers as if it were generic in the U.S. and Canada, but still a legally recognized trademark.[81] |
| Velcro | Hook-and-loop fastener | Velcro company | Used as generic, but still trademarked.[101] Often used as a verb.[102] |
| Walkman | Personal stereo | Sony Corporation | Was commonly used generically, but still a legally recognized trademark.[42] |
| WaveRunner | personal water craft | Yamaha Motor Company | Often used, along with Jet Ski, to refer to any type of personal watercraft.[103] |
| Windex | Hard surface cleaner | S. C. Johnson & Son | [35] |
| Winnebago | Class A Recreational vehicle | Winnebago Industries | Used in the United Kindom to describe a coach sized American motorhome.[104] |
| Wite-Out | Correction fluid (US) | BIC Corporation | In the United States, used to mean white liquid applied with a brush used to hide mistakes written on typed with ink so they can be overwritten.[105] |
| Xerox | Photocopier or to make a photocopy | Xerox | Xerox has used "trademark awareness" advertisements to prevent the brand from becoming a generic noun or verb, including such statements as "You can't make a Xerox."[106] |
| Zamboni | Ice resurfacer | Frank J. Zamboni & Co, Inc. | Term is often used as a generic colloquialism for ice resurfacing vehicles |
[edit] Notes
- ^ Aspirin FAQs, Bayer HealthCare website, accessed February 23, 2008
- ^ The History of British Roadsigns, Dept. for Transport, 2nd Edition, 1999
- ^ Cellophane – Definitions from Dictionary.com
- ^ Mills, Turansky, & Griffith
- ^ dry ice. The American Heritage Dictionary of the English Language: Fourth Edition. 2000
- ^ Dry Ice – Who Invented Dry Ice?
- ^ Human Interest
- ^ heroin – Definitions from Dictionary.com
- ^ Online Etymology Dictionary
- ^ kerosene – Definitions from Dictionary.com
- ^ Jaffe v. Evans & Sons, Ltd., U.S. (New York Supreme Court, Appellate Division, First Department March 21, 1902).
- ^ "The Way We Are - time capsules - Brief Article". http://findarticles.com/p/articles/mi_m1134/is_10_108/ai_58360832. Retrieved on 2008-06-28.
- ^ linoleum. The American Heritage Dictionary of the English Language: Fourth Edition. 2000
- ^ mimeograph. The American Heritage Dictionary of the English Language: Fourth Edition. 2000
- ^ "Pilates Trademark Lawsuit makes "Pilates" available for public use". Pilates.com. http://www.pilates.com/BBAPP/V/about/pilates-trademark.html. Retrieved on 2008-01-24.
- ^ Thermos.com
- ^ King-Seeley Thermos Co. v. Aladdin Indus., Inc., 321 F.2d 577 (2d Cir. 1963); see also this PDF
- ^ "Centrex Service". http://www.att.com/gov/contracts/maas/services/centrex_variable.html. Retrieved on 2008-01-24.
- ^ Inventor of the Week: Archive
- ^ West View Trampoline Community – Trampoline History
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- ^ Donald F. Duncan, Inc. v. Royal Tops Mfg. Co., 343 F.2d 655 (7th Cir. 1965)
- ^ zipper – Definitions from Dictionary.com
- ^ a b c Butters, Ronald R. and Jennifer Westerhaus. "Linguistic change in words one owns: How trademarks become 'generic'" in Studies in the History of the English Language II, Anne Curzan and Kimberly Emmons, eds. Walter de Gruyter, 2004 Retrieved August 21, 2008
- ^ http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=1127537
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- ^ http://copyrightsandcampaigns.blogspot.com/2009/04/astroturf-vs-astroturf-can-trademark.html
- ^ http://www.ogbit.com/company/armco_barriers_328118.htm
- ^ a b Room, Adrian (1983). Dictionary of Trade Name Origins. Routledge. ISBN 0710201745.
- ^ United States Patent and Trademark Office trademark serial number 72035978, registration number 0672452
- ^ a b http://span.state.gov/wwwfspmayjun0621.pdf
- ^ http://www.businessweek.com/bwdaily/dnflash/feb2001/nf2001021_116.htm
- ^ a b c d http://www.gomestic.com/Consumer-Information/8-Very-Powerful-Brand-Names.69823
- ^ In the South, a 'coke' could be a Pepsi, accessed August 17, 2008
- ^ http://books.google.co.uk/books?id=dujiiVP2KJIC&pg=PA52&lpg=PA52&dq=colt+revolver+generic+term&source=bl&ots=KXV3Bs2HjY&sig=55aq9v0cqpwCQ7snyqXnsafNBfQ&hl=en&ei=yVTnSb7ANtm4-QbK3uW_BQ&sa=X&oi=book_result&ct=result&resnum=19
- ^ http://www.leatherbys.co.uk/connollising.html
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- ^ 3M Brasil: Informações Corporativas
- ^ Riezebos, Rik; H. J. Riezebos, Bas Kist, Gert Kootstra (2003). Brand management: a theoretical and practical approach. Pearson Education. p. 109. ISBN 0273655051.
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- ^ Timothy R. L., Black (1972), "A survey of contraceptive markets in four African countries", Journal of Biosocial Science 4: 297–298
- ^ http://www.bambooweb.com/articles/e/l/Elastoplast.html Bambooweb.com on Elastoplasts
- ^ http://www.dhub.org/object/373303,Australian+Design+Awards
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- ^ http://www.fundinguniverse.com/company-histories/WhamO-Inc-Company-History.html
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- ^ a b "Google calls in the 'language police'". BBC News. BBC. 20 June 2003. http://news.bbc.co.uk/1/hi/uk/3006486.stm. Retrieved on 2008-08-23.
- ^ http://www.footbag.org/faq/show/941272106
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- ^ http://tvnz.co.nz/view/page/423466/866881
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- ^ File:Jello sign.jpg
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- ^ http://en.wiktionary.org/wiki/lilo Lilo in the Wiktionary
- ^ http://www.bambooweb.com/articles/m/a/Matchbox.html
- ^ Cancellation pending at PTO office
- ^ http://books.google.co.uk/books?id=ze_w0i3xZmAC&pg=PA195&lpg=PA195&dq=nos+nitrous+generic+term&source=bl&ots=mZYF8iYshP&sig=20FMNaakKQqDQr43kBNasBWeHuI&hl=en&ei=5E7nSYniAYzE_QbN3o3HAw&sa=X&oi=book_result&ct=result&resnum=1
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- ^ The Photoshopping Of The President
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- ^ http://www.imagemakergraphics.com/printing/3x4-postit-notes.html
- ^ Talk and comments on the talk of the genericisation of "PowerPoint" at Solidoffice.com
- ^ a b List of Unilever products, accessed August 26, 2008
- ^ http://books.google.co.uk/books?id=uSbcZDHe2C8C&pg=PA153&lpg=PA153&dq=%22Rizla%22+generic+term&source=bl&ots=p0c7fJvMRo&sig=u-1Uz-6de8epvPaU-OdO_fKYZuA&hl=en&ei=oUfnSfjiHYuI_QadnaTLAw&sa=X&oi=book_result&ct=result&resnum=10
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- ^ http://www.prnewswire.co.uk/cgi/news/release?id=188742
- ^ Barnhart, Clarence Lewis (1974). The World Book Dictionary. Field Enterprises Educational Corp.. p. 1850. ISBN 071660275X. Scotch tape: 1. a transparent, cellophane, adhesive tape for mending, patching, sealing, etc.
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- ^ http://fosters.com.au/enjoy/wine/621EF7823D0B43A0860B1C0BD3BA1AFF.htm
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- ^ "United States Patent and Trademark Office latest status info for trademark serial #78356610
- ^ http://www.channel4.com/4car/ft/feature/retrospective/1698/3
- ^ http://www.mad.co.uk/Main/News/Disciplines/Creative/Articles/5701b250db33401aac60d5b8e3d39298/Enterprise-IG-builds-a-new-identity-for-Tarmac.html
- ^ "Company Trivia". TASER International, Inc.. http://www.taser.com/company/Pages/trivia.aspx. Retrieved on 2008-09-04.
- ^ http://en.allexperts.com/e/t/ti/tipp-ex.htm AllExperts.com on Tipp-Ex
- ^ Freeman, Allyn; Bob Golden (September 1997). Why Didn't I Think of That: Bizarre Origins of Ingenious Inventions We Couldn't Live Without. Wiley. pp. 99–104. ISBN 0471165115. http://books.google.com/books?id=EVafPNDvWlYC&pg=PA99&dq=velcro+George+de+Mestral&lr=&client=opera&sig=0X45lJYm5hbPG8h9HCDS2RE8Gmc. Retrieved on 2008-05-09.
- ^ "Velcro." The Oxford English Dictionay. 2nd ed. 1989.
- ^ http://www.ohiodnr.com/news/feb97/pwclaws/tabid/14069/Default.aspx
- ^ http://www.streetdirectory.com/travel_guide/49927/cars/deciding_whether_to_hire_a_winnebago_in_england.html
- ^ http://www.nowsell.com/marketing-guide/genericized-trademark.html
- ^ Ginsburg 2001, pp. 317-318, 322
[edit] References
- Ginsburg, Jane C.; Litman, Jessica; Kevlin, Mary L. (2001), Trademark and Unfair Competition Law (3rd ed.), New York, NY: Foundation Press

