List of generic and genericized trademarks

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[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]
Freeware
Trademarked in the early 1980s by Andrew Fluegelman, but the trademark status was abandoned following Fluegelman's disappearance and presumed death.[8][9][10]
Heroin[11]
Trademarked by Friedrich Bayer & Co in 1898.[12]:
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.[13][14]
Kerosene[15]
First used around 1852.
Lanolin
Trademarked as the term for a preparation of sheep fat and water.[16]
Laundromat
coin laundry shop.[17]
Linoleum
Floor covering,[18] originally coined by Frederick Walton in 1864, and ruled as generic following a lawsuit for trademark infringement in 1878; probably the first product name to become a generic term.[19]
Mimeograph[20]
Originally trademarked by Albert Dick.
Pilates exercise system
United States trademark formally canceled by court in 2000.[21]
Thermos
Originally a Thermos GmbH[22] trademark name for a vacuum flask; declared generic in the U.S. in 1963.[23]
Touch-tone
Dual tone multi-frequency telephone signaling; AT&T states "formerly a trademark of AT&T".[24]
Trampoline
Originally trademarked by George Nissen[25][26] for the generic "rebound tumbler"
Videotape
Originally trademarked by Ampex Corporation.[27], an early manufacturer of audio and video tape recorders.
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".[28]
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.[29]
Zipper
Originally a trademark of B.F. Goodrich.[30]

[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.[31] 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."


Trademarked name Generic name Trademark owner Notes
Aqualung (was often genericised in Britain) Open-circuit scuba set Siebe Gorman, Cousteau-Gagnan patent As a result of much unsupervised colloquial use by British scuba diving clubs including in their printed publications.
AstroTurf Artificial turf Monsanto Company (formerly)
AstroTurf, LLC
[32] Also gave use to the term Astroturfing.
Band-Aid Adhesive bandage Johnson & Johnson Often used as though generic by consumers in Canada and the U.S., though still legally trademarked.[31]
Clorox Bleach Clorox Company [33]
ChapStick Lip balm Wyeth Consumer Healthcare [34]
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.[35] Also used for rival brands of cola (e.g., Pepsi) elsewhere, such as in the UK.[citation needed]
Crock-Pot slow cooker Rival Industries "Crock pot" and "crockpot" are common synonyms used by cooks to describe any slow cooker.[36]
Cuisinart Food processor Conair Sometimes used in the U.S. to refer to any food processor, but still a trademark.[37]
Dictaphone Dictation machine Nuance Communications To date, one of the five oldest surviving U.S. brands.[38]
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.[39]
Frigidaire refrigerator Frigidaire Commonly used in Canada by French Canadians, especially abbreviated as "frigo".[40]
Frisbee flying disc Wham-O [41][42]
Google As a verb, to use a web search engine Google 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.[43]
iPod mp3 player Apple Inc. [44]
Jacuzzi hot tub or whirlpool bath Jacuzzi [45][46]
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[47]
Jell-O Gelatin dessert; jelly (UK) Kraft Foods The Jell-O brand also encompasses pudding products[48]. 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.[49] This news article is one example of usage.
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.[31]
Muzak Music Muzak Holdings Used frequently to describe as a often derogatory term for any form of Easy Listening, smooth jazz, or Middle of the road music, or to the type of recordings once commonly heard on "beautiful music" radio stations.[50][51]
Photoshop Photo manipulation Adobe Systems Commonly used as a verb to generically describe digital manipulation or compositing of photographs.[52]
Polaroid Instant film Polaroid Corporation Commonly used to refer instant photograph shot during model auditions.[53]
Popsicle Ice Pop Good Humor-Breyers [54]
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.[55]
Q-tips Cotton swabs Unilever Often used by consumers as if it were generic in the U.S. and Canada, but still a legally recognized trademark.[56]
Scotch tape Clear adhesive tape (US) 3M Appears in dictionaries as both generic and trademarked.[57] "Trademark Law" advises that proper usage is "Scotch brand cellophane tape" to combat "generic tendencies".[58]
Ski-Doo Snowmobile Bombardier Recreational Products Usage in Canada, especially Quebec and British Columbia[59].
Tarmac Asphalt road surface. Tarmac Often used by consumers as if it were generic in the UK, but still a legally recognized trademark.[60]
Tivoli amusement park Tivoli A/S The Danish Tivoli Gardens amusement park has registered its colloquial name "Tivoli" as company name and trademark. In Danish language, the word “tivoli” has however been a generic term for “amusement park” from before the Tivoli Gardens opened in 1843 [61] and is still used as such, for instance in the name of many other amusement parks all over Denmark[62] and other Scandinavian countries. This is currently the focal point of several legal disagreements[63], with the first (Tivoli A/S vs Innocent Pictures ApS) expected to reach Denmark's Supreme Court in 2010 or 2011.
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.[56]
Velcro Hook-and-loop fastener Velcro company Used as generic, but still trademarked.[64] Often used as a verb.[65]
Walkman Personal stereo Sony Corporation Was often used generically for any portable stero player, and in 2002 an Austrian court ruled that it had passed into common usage[66], but still a legally recognized trademark.[67]
Windex Hard surface cleaner S. C. Johnson & Son [34]
Winnebago Class A Recreational vehicle Winnebago Industries Used in the United Kingdom to describe a coach sized American motorhome.[68]
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."[69]

[edit] Notes

  1. ^ Aspirin FAQs, Bayer HealthCare website, accessed February 23, 2008
  2. ^ The History of British Roadsigns, Dept. for Transport, 2nd Edition, 1999
  3. ^ Cellophane: Definitions from Dictionary.com
  4. ^ Mills, Turansky, & Griffith
  5. ^ dry ice. The American Heritage Dictionary of the English Language: Fourth Edition. 2000
  6. ^ Dry Ice – Who Invented Dry Ice?
  7. ^ Human Interest
  8. ^ http://www.economicexpert.com/a/Andrew:Fluegelman.htm
  9. ^ http://foldoc.org/Andrew+Fluegelman
  10. ^ http://www.linfo.org/freeware.html
  11. ^ heroin – Definitions from Dictionary.com
  12. ^ Online Etymology Dictionary
  13. ^ http://news.bbc.co.uk/2/hi/uk_news/3006486.stm
  14. ^ http://www.ecoscentric.com/trademark_usage.shtml
  15. ^ kerosene – Definitions from Dictionary.com
  16. ^ Jaffe v. Evans & Sons, Ltd., U.S. (New York Supreme Court, Appellate Division, First Department March 21, 1902).
  17. ^ "The Way We Are - time capsules - Brief Article". http://findarticles.com/p/articles/mi_m1134/is_10_108/ai_58360832. Retrieved 2008-06-28. 
  18. ^ linoleum. The American Heritage Dictionary of the English Language: Fourth Edition. 2000
  19. ^ Powell, Jane; Linda Svendsen (2003). Linoleum. Gibbs Smith. p. 23. ISBN 1586853031. 
  20. ^ mimeograph. The American Heritage Dictionary of the English Language: Fourth Edition. 2000
  21. ^ "Pilates Trademark Lawsuit makes "Pilates" available for public use". Pilates.com. http://www.pilates.com/BBAPP/V/about/pilates-trademark.html. Retrieved 2008-01-24. 
  22. ^ Thermos.com
  23. ^ King-Seeley Thermos Co. v. Aladdin Indus., Inc., 321 F.2d 577 (2d Cir. 1963); see also this PDF
  24. ^ "Centrex Service". http://www.att.com/gov/contracts/maas/services/centrex_variable.html. Retrieved 2008-01-24. 
  25. ^ Inventor of the Week: Archive
  26. ^ West View Trampoline Community – Trampoline History
  27. ^ [1]
  28. ^ "Merriam-Webster FAQ". http://www.m-w.com/info/faq.htm#webster. Retrieved 2008-01-24. 
  29. ^ Donald F. Duncan, Inc. v. Royal Tops Mfg. Co., 343 F.2d 655 (7th Cir. 1965)
  30. ^ zipper – Definitions from Dictionary.com
  31. ^ 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
  32. ^ http://copyrightsandcampaigns.blogspot.com/2009/04/astroturf-vs-astroturf-can-trademark.html
  33. ^ http://www.businessweek.com/bwdaily/dnflash/feb2001/nf2001021_116.htm
  34. ^ a b http://www.gomestic.com/Consumer-Information/8-Very-Powerful-Brand-Names.69823
  35. ^ In the South, a 'coke' could be a Pepsi, accessed August 17, 2008
  36. ^ "Is Slow Cooker Synonymous with Crock-Pot?". Food News Service. http://www.ochef.com/764.htm. Retrieved 2008-01-24. 
  37. ^ http://www.canosoarus.com/16InventorTips/Trademarks.htm
  38. ^ http://span.state.gov/wwwfspmayjun0621.pdf
  39. ^ Lowa, John; Keith Bloisb (2002). "The evolution of generic brands in industrial markets: the challenges to owners of brand equity". Industrial Marketing Management 31 (5): 385–392. doi:10.1016/S0019-8501(00)00131-0. 
  40. ^ http://www.frigos.ca/
  41. ^ http://www.fundinguniverse.com/company-histories/WhamO-Inc-Company-History.html
  42. ^ http://www.wisegeek.com/what-is-a-frisbee.htm
  43. ^ "Google calls in the 'language police'". BBC News. BBC. 20 June 2003. http://news.bbc.co.uk/1/hi/uk/3006486.stm. Retrieved 2008-08-23. 
  44. ^ http://www.popfi.com/2008/02/29/the-150-tech-war-4gb-ipod-nano-vs-8gb-creative-zen/
  45. ^ http://www.wisegeek.com/what-is-the-difference-between-a-hot-tub-and-jacuzzi.htm
  46. ^ http://www.swimming-pool-store.com/hot-tubs-jacuzzis/jacuzzi-bath-decor-ideas.html
  47. ^ http://www.uslaw.com/library/Intellectual_Property_Law/Chryslers_Ad_Tells_Consumers_JEEP_SUVs_Special_Generic.php?item=220831
  48. ^ File:Jello sign.jpg
  49. ^ http://www.wisegeek.com/what-is-a-jet-ski.htm
  50. ^ "Our Company". Muzak Limited Liability Company (wfrecruiter.com). http://muzak.wfrecruiter.com/layout1.asp?Page_id=5849. Retrieved 2007-11-08. 
  51. ^ "Annals of Culture: The Soundtrack of Your Life", The New Yorker by David Owen (04/10/2006).
  52. ^ The Photoshopping Of The President
  53. ^ http://data.getafreelancer.com/project/242835/software%20for%20job4models.rtf
  54. ^ http://www.google.com/patents?id=HYBSAAAAEBAJ
  55. ^ http://www.imagemakergraphics.com/printing/3x4-postit-notes.html
  56. ^ a b List of Unilever products, accessed August 26, 2008
  57. ^ 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.
  58. ^ Kane, Siegrun D. (2002). Trademark law: a practitioner's guide. Practising Law Institute. p. 5-15. ISBN 1402402279. 
  59. ^ http://www.lawyersweekly.ca/index.php?section=article&articleid=322
  60. ^ http://www.mad.co.uk/Main/News/Disciplines/Creative/Articles/5701b250db33401aac60d5b8e3d39298/Enterprise-IG-builds-a-new-identity-for-Tarmac.html
  61. ^ http://ordnet.dk/ods/opslag?opslag=tivoli&submit=S%F8g Ordbog over det danske sprog
  62. ^ http://www.danmarks-tivoliforening.dk/32_tivolier.htm Danmarks Tivoli Forening members list
  63. ^ http://www.pvanke.dk/pvanke/indhold/appellerede_ankesager/kendelser/AN%202008%2000013.pdf Tivoli A/S versus Thomas Tivoli
  64. ^ 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 2008-05-09. 
  65. ^ "Velcro." The Oxford English Dictionay. 2nd ed. 1989.
  66. ^ Danit, Lidor (7 June 2002). "Sony Trademark Takes a Walk, Man". Wired.com. http://www.wired.com/politics/law/news/2002/06/53040. 
  67. ^ http://www.walkmancentral.com/faq
  68. ^ http://www.streetdirectory.com/travel_guide/49927/cars/deciding_whether_to_hire_a_winnebago_in_england.html
  69. ^ 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