List of generic and genericized trademarks: Difference between revisions
ONEder Boy (talk | contribs) |
Donnie Park (talk | contribs) →List of protected trademarks frequently used as generic terms: reinstating removed entries, this time with source, also adding new ones |
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! Trademark owner |
! Trademark owner |
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! Notes |
! Notes |
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|- |
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|[[Airfix]] |
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|[[Plastic]] [[injection-moulded]] [[scale model]] kits |
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|[[Hornby Railways]] |
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|Still used widely in the UK to describe a scale model as it was the dominant brand at that time.<ref>http://news.bbc.co.uk/1/hi/magazine/5304780.stm</ref> [http://www.dailymail.co.uk/home/moslive/article-1100714/The-4billion-Airfix-Kit-Behind-scenes-Britains-biggest-warships.html This news article] is one example of the brand being treated a a generic term. |
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|[[Band-Aid]] |
|[[Band-Aid]] |
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|[[Société Bic]] |
|[[Société Bic]] |
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|Used generically in colloquial British and Australian English, particular for cheaper disposable pens, but remains a registered trademark.<ref name=Room>{{cite book|last=Room|first=Adrian |title=Dictionary of Trade Name Origins|publisher=Routledge|date=1983|isbn=0710201745}}</ref> |
|Used generically in colloquial British and Australian English, particular for cheaper disposable pens, but remains a registered trademark.<ref name=Room>{{cite book|last=Room|first=Adrian |title=Dictionary of Trade Name Origins|publisher=Routledge|date=1983|isbn=0710201745}}</ref> |
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|- |
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|[[Clorox]] |
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|[[Bleach]] |
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|[[Clorox Company]] |
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|<ref>http://www.businessweek.com/bwdaily/dnflash/feb2001/nf2001021_116.htm</ref> |
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|[[ChapStick]] |
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|[[Lip balm]] |
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|[[Wyeth Consumer Healthcare]] |
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|<ref name="gomestic">http://www.gomestic.com/Consumer-Information/8-Very-Powerful-Brand-Names.69823</ref> |
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|[[Coca-Cola|Coke]] |
|[[Coca-Cola|Coke]] |
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|[[The Coca-Cola Company]] |
|[[The Coca-Cola Company]] |
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|Popularly used in the [[Southern United States]] to refer to any soft drink; still a trademark.<ref>[http://www.uwm.edu/%7Evaux/coke-ajc-1-27-05.pdf In the South, a 'coke' could be a Pepsi], accessed August 17, 2008</ref> Also used for rival brands of cola (e.g., [[Pepsi]]) elsewhere, such as in the UK.{{Fact|date=February 2009}} |
|Popularly used in the [[Southern United States]] to refer to any soft drink; still a trademark.<ref>[http://www.uwm.edu/%7Evaux/coke-ajc-1-27-05.pdf In the South, a 'coke' could be a Pepsi], accessed August 17, 2008</ref> Also used for rival brands of cola (e.g., [[Pepsi]]) elsewhere, such as in the UK.{{Fact|date=February 2009}} |
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|- |
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| Colt |
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| [[revolver]] |
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|[[Colt's Manufacturing Company]] |
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| Used to describe any revolvers during the 19th century, regardless of brand.<ref>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</ref> |
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|[[Crock-Pot]] |
|[[Crock-Pot]] |
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|[[Sunbeam Products|Rival Industries]] |
|[[Sunbeam Products|Rival Industries]] |
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|"Crock pot" and "crockpot" are common synonyms used by cooks to describe any slow cooker.<ref>{{cite web | url=http://www.ochef.com/764.htm | title=Is Slow Cooker Synonymous with Crock-Pot? | work=Food News Service | accessdate=2008-01-24}}</ref> |
|"Crock pot" and "crockpot" are common synonyms used by cooks to describe any slow cooker.<ref>{{cite web | url=http://www.ochef.com/764.htm | title=Is Slow Cooker Synonymous with Crock-Pot? | work=Food News Service | accessdate=2008-01-24}}</ref> |
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|- |
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|[[Cuisinart]] |
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|[[Food processor]] |
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|[[Conair]] |
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|Sometimes used in the U.S. to refer to any food processor, but still a trademark.<ref>http://www.canosoarus.com/16InventorTips/Trademarks.htm</ref> |
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|- |
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|[[Discman]] |
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|Portable [[CD player]] |
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|[[Sony Corporation]] |
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|As with "Walkman" (below), this was commonly used generically, but remained a legally recognized trademark.<ref name="walkmancentral">http://www.walkmancentral.com/faq</ref> |
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|rowspan=2|[[Durex (disambiguation)|Durex]] |
|rowspan=2|[[Durex (disambiguation)|Durex]] |
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|[[The Hoover Company]] |
|[[The Hoover Company]] |
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|Widely used as a noun and verb.<ref name=Lowa>{{cite journal | title= The evolution of generic brands in industrial markets: the challenges to owners of brand equity | author= Lowa, John| coauthors= Keith Bloisb | journal= Industrial Marketing Management | volume= 31 | year= 2002 | pages= 385–392 | issue= 5 | doi= 10.1016/S0019-8501(00)00131-0}}</ref> ''De facto'' loss of trademark in the UK.<ref name="Google">{{cite web|url=http://news.bbc.co.uk/1/hi/uk/3006486.stm|title=Google calls in the 'language police'|work=BBC News|publisher=BBC|date=20 June 2003|accessdate=2008-08-23}}</ref> |
|Widely used as a noun and verb.<ref name=Lowa>{{cite journal | title= The evolution of generic brands in industrial markets: the challenges to owners of brand equity | author= Lowa, John| coauthors= Keith Bloisb | journal= Industrial Marketing Management | volume= 31 | year= 2002 | pages= 385–392 | issue= 5 | doi= 10.1016/S0019-8501(00)00131-0}}</ref> ''De facto'' loss of trademark in the UK.<ref name="Google">{{cite web|url=http://news.bbc.co.uk/1/hi/uk/3006486.stm|title=Google calls in the 'language police'|work=BBC News|publisher=BBC|date=20 June 2003|accessdate=2008-08-23}}</ref> |
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|- |
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|[[Jeep]] |
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|Compact [[sport utility vehicle]] |
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|[[Chrysler]] |
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|Chrysler recently used "trademark awareness" advertisements to prevent the brand from becoming a generic noun or verb, including such statements as ''[http://centralpt.com/upload/329/4190_Apage_25_EJS_2008.pdf They invented ‘SUV’ because they can’t call them Jeep]''<ref>http://www.uslaw.com/library/Intellectual_Property_Law/Chryslers_Ad_Tells_Consumers_JEEP_SUVs_Special_Generic.php?item=220831</ref> |
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|[[Jet Ski]] |
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|[[Stand-up PWC|Stand-up personal watercraft]] |
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|[[Kawasaki Heavy Industries Consumer Products and Machinery Company|Kawasaki]] |
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| Used universally to refer to any type of personal watercraft.<ref>http://www.wisegeek.com/what-is-a-jet-ski.htm</ref> [http://news.bbc.co.uk/1/hi/england/humber/4596045.stm This news article is one example] of useage. |
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|- |
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|[[JumboTron]] |
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|Large-screen [[television]] |
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|[[Sony Corporation]] |
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| Still used, although Sony exited the market for this product in 2001.<ref>http://bigbeefandbeer.com/jumbotronFAQ.htm</ref> |
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|[[Kleenex]] |
|[[Kleenex]] |
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|[[Kimberly-Clark]] |
|[[Kimberly-Clark]] |
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|Often used by consumers as if it were generic in the U.S., but still a legally recognized trademark.<ref name=Butters/> |
|Often used by consumers as if it were generic in the U.S., but still a legally recognized trademark.<ref name=Butters/> |
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|- |
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|[[Matchbox (toy)|Matchbox]] |
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| [[Die cast toy]] |
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|[[Mattel]] |
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| Used at its height of popularity to describe die cast cars.<ref>http://www.bambooweb.com/articles/m/a/Matchbox.html</ref> |
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|[[Netbook]] |
|[[Netbook]] |
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|[[Psion]] |
|[[Psion]] |
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|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.<ref>[http://ttabvue.uspto.gov/ttabvue/v?pno=92050564&pty=CAN&eno=1 Cancellation pending at PTO office]</ref> |
|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.<ref>[http://ttabvue.uspto.gov/ttabvue/v?pno=92050564&pty=CAN&eno=1 Cancellation pending at PTO office]</ref> |
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|- |
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|NOS (Nitrous Oxide Systems) |
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|[[Nitrous]] |
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|[[Holley Performance Products]] |
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| Widely used generically to describe nitrous systems used in motor vehicles.<ref>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</ref> One example of this was when it was used prominently in the 2001 film ''[[The Fast and the Furious (2001 film)|The Fast and the Furious]]''. |
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|[[Onesies (clothing)|Onesies]] |
|[[Onesies (clothing)|Onesies]] |
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|[[Adobe Systems]] |
|[[Adobe Systems]] |
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|Commonly used as a verb to generically describe digital manipulation or compositing of photographs.<ref>[http://archive.salon.com/ent/feature/2004/07/01/photoshop/index.html The Photoshopping Of The President]</ref> |
|Commonly used as a verb to generically describe digital manipulation or compositing of photographs.<ref>[http://archive.salon.com/ent/feature/2004/07/01/photoshop/index.html The Photoshopping Of The President]</ref> |
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|[[Polaroid]] |
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|[[Instant film]] |
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|[[Polaroid Corporation]] |
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|Commonly used to refer instant photograph shot during model auditions.<ref>http://data.getafreelancer.com/project/242835/software%20for%20job4models.rtf</ref> |
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|[[Post-It]]s |
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|[[Sticky note]]s |
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|[[3M]] |
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|Often used by consumers as if it were generic in the U.S., but still a legally recognized trademark.<ref>http://www.imagemakergraphics.com/printing/3x4-postit-notes.html</ref> |
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|[[Powerpoint]] |
|[[Powerpoint]] |
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|[[Unilever]] |
|[[Unilever]] |
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|Often used by consumers as if it were generic in the U.S., but still a legally recognized trademark.<ref name="unileverus1">[http://www.unileverus.com/terms/termsofuse.html List of Unilever products], accessed August 26, 2008</ref> |
|Often used by consumers as if it were generic in the U.S., but still a legally recognized trademark.<ref name="unileverus1">[http://www.unileverus.com/terms/termsofuse.html List of Unilever products], accessed August 26, 2008</ref> |
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|[[Rizla]] |
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|[[Rolling paper]] |
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|[[Imperial Tobacco]] |
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|Often used to describe rolling papers which are used to contain rolled tobacco or marijuana.<ref>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</ref> |
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|[[Rollerblade]] |
|[[Rollerblade]] |
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| accessdate= 2007-02-25 |
| accessdate= 2007-02-25 |
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}}</ref> |
}}</ref> |
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|[[Saran Wrap]] |
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|[[plastic wrap]] |
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|[[S. C. Johnson & Son]]<br>[[Asahi Kasei]] |
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|<ref name="gomestic"/> |
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|- |
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|[[Scalextric]] |
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| [[Slot car]] |
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|[[Hornby Railways]] |
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| Used commonly in the United Kingdom to describe slot cars and the [[slot car racing|hobbies]] itself.<ref>http://www.prnewswire.co.uk/cgi/news/release?id=188742</ref> |
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|[[Scotch tape]] |
|[[Scotch tape]] |
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| [[3M]] |
| [[3M]] |
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| Appears in dictionaries as both generic and trademarked.<ref>{{cite book | last = Barnhart | first = Clarence Lewis | authorlink = | coauthors = | title = The World Book Dictionary | publisher = Field Enterprises Educational Corp. | date = 1974 | location = | nopp = | page = 1850 | url = | isbn = 071660275X}} ''Scotch tape: 1. a transparent, cellophane, adhesive tape for mending, patching, sealing, etc.''</ref> "Trademark Law" advises that proper usage is "Scotch brand cellophane tape" to combat "generic tendencies".<ref>{{cite book | last = Kane | first = Siegrun D. | authorlink = | coauthors = | title = Trademark law: a practitioner's guide | publisher = Practising Law Institute | date = 2002 | location = | nopp = | page = 5-15 | url = | isbn = 1402402279}}</ref> |
| Appears in dictionaries as both generic and trademarked.<ref>{{cite book | last = Barnhart | first = Clarence Lewis | authorlink = | coauthors = | title = The World Book Dictionary | publisher = Field Enterprises Educational Corp. | date = 1974 | location = | nopp = | page = 1850 | url = | isbn = 071660275X}} ''Scotch tape: 1. a transparent, cellophane, adhesive tape for mending, patching, sealing, etc.''</ref> "Trademark Law" advises that proper usage is "Scotch brand cellophane tape" to combat "generic tendencies".<ref>{{cite book | last = Kane | first = Siegrun D. | authorlink = | coauthors = | title = Trademark law: a practitioner's guide | publisher = Practising Law Institute | date = 2002 | location = | nopp = | page = 5-15 | url = | isbn = 1402402279}}</ref> |
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|[[Sea-Doo]] |
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|Sit-down [[personal watercraft]] |
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|[[Bombardier Recreational Products]] |
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| 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.<ref>http://www.boatingindustrycanada.com/index.php?page=shop.product_details&category_id=130&flypage=shop.flypage&product_id=852&option=com_virtuemart&Itemid=137&vmcchk=1</ref> |
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|[[Sellotape]] |
|[[Sellotape]] |
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| [[Sanford (writing products)|Sanford L.P.]], owned by [[Newell Rubbermaid]] |
| [[Sanford (writing products)|Sanford L.P.]], owned by [[Newell Rubbermaid]] |
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|James Faulkner, Sanford's marketing manager has said "In America the Sharpie name is used as the generic for a permanent marker".<ref>{{cite web | last = Smith | first = Jane | authorlink = | coauthors = | title = Mark Our Words! | work = | publisher = USP Magazine | date = | url = http://www.uspmagazine.com/downloads/files/111-mark-our-words.pdf | format = | doi = | accessdate = }}</ref> |
|James Faulkner, Sanford's marketing manager has said "In America the Sharpie name is used as the generic for a permanent marker".<ref>{{cite web | last = Smith | first = Jane | authorlink = | coauthors = | title = Mark Our Words! | work = | publisher = USP Magazine | date = | url = http://www.uspmagazine.com/downloads/files/111-mark-our-words.pdf | format = | doi = | accessdate = }}</ref> |
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|[[Stelvin closure]] |
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|[[Screw cap]] |
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|[[Rio Tinto Alcan]] |
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|Often used generically.<ref>http://fosters.com.au/enjoy/wine/621EF7823D0B43A0860B1C0BD3BA1AFF.htm</ref> |
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|[[Styrofoam]] |
|[[Styrofoam]] |
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"Professional Craft Designers Design Purchase Programs/FAQs," accessed Nov. 24, 2008. |
"Professional Craft Designers Design Purchase Programs/FAQs," accessed Nov. 24, 2008. |
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http://craft.dow.com/profcr/faq.htm</ref> which is made for [[thermal insulation]] and craft applications.<ref> Dow Craft Site, "Responsible Living and STYROFOAM™ Brand Foam", accessed Nov.popopopopopo 24, 2008. http://craft.dow.com/about/environ.htm</ref> |
http://craft.dow.com/profcr/faq.htm</ref> which is made for [[thermal insulation]] and craft applications.<ref> Dow Craft Site, "Responsible Living and STYROFOAM™ Brand Foam", accessed Nov.popopopopopo 24, 2008. http://craft.dow.com/about/environ.htm</ref> |
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|Super Hero |
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|[[Superhero]] |
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|[[DC comics]] [[Marvel Comics]] |
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|The two-word version of the term is a trademark co-owned by DC Comics and Marvel Comics.<ref>[http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78356610 "United States Patent and Trademark Office latest status info for trademark serial #78356610]</ref> |
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|[[Targa top]] |
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|Semi-[[convertible]] hard roof panel |
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|[[Porsche]] |
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| 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 language|Italian]] word for "shield" and was named after the [[Targa Florio]] road race in which the top made its debut in 1964.<ref>http://www.channel4.com/4car/ft/feature/retrospective/1698/3</ref> |
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|[[Tarmac]] |
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|[[Asphalt]] road surface. |
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|[[Tarmac (company)|Tarmac]] |
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|Often used by consumers as if it were generic in the UK, but still a legally recognized trademark.<ref>http://www.mad.co.uk/Main/News/Disciplines/Creative/Articles/5701b250db33401aac60d5b8e3d39298/Enterprise-IG-builds-a-new-identity-for-Tarmac.html</ref> |
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|[[Taser]] |
|[[Taser]] |
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|[[Tipp-Ex]] |
|[[Tipp-Ex]] |
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|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.<ref>http://en.allexperts.com/e/t/ti/tipp-ex.htm AllExperts.com on Tipp-Ex</ref> |
|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.<ref>http://en.allexperts.com/e/t/ti/tipp-ex.htm AllExperts.com on Tipp-Ex</ref> |
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|[[Tylenol]] |
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|[[Paracetamol]] |
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|[[McNeil Consumer Healthcare]] |
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|<ref name="gomestic"/> |
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|[[Vaseline]] |
|[[Vaseline]] |
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|Velcro company |
|Velcro company |
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|Used as generic, but still trademarked.<ref name="Why">{{cite book|last=Freeman|first=Allyn|coauthors=Bob Golden|title=Why Didn't I Think of That: Bizarre Origins of Ingenious Inventions We Couldn't Live Without|url=http://books.google.com/books?id=EVafPNDvWlYC&pg=PA99&dq=velcro+George+de+Mestral&lr=&client=opera&sig=0X45lJYm5hbPG8h9HCDS2RE8Gmc|accessdate=2008-05-09|year=1997|month=September|publisher=Wiley|isbn=0471165115|pages=pp.99-pp.104}}</ref> Often used as a verb.<ref name="OED">"Velcro." ''The Oxford English Dictionay''. 2nd ed. 1989.</ref> |
|Used as generic, but still trademarked.<ref name="Why">{{cite book|last=Freeman|first=Allyn|coauthors=Bob Golden|title=Why Didn't I Think of That: Bizarre Origins of Ingenious Inventions We Couldn't Live Without|url=http://books.google.com/books?id=EVafPNDvWlYC&pg=PA99&dq=velcro+George+de+Mestral&lr=&client=opera&sig=0X45lJYm5hbPG8h9HCDS2RE8Gmc|accessdate=2008-05-09|year=1997|month=September|publisher=Wiley|isbn=0471165115|pages=pp.99-pp.104}}</ref> Often used as a verb.<ref name="OED">"Velcro." ''The Oxford English Dictionay''. 2nd ed. 1989.</ref> |
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|[[Walkman]] |
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|[[Personal stereo]] |
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|[[Sony Corporation]] |
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| Was commonly used generically, but still a legally recognized trademark.<ref name="walkmancentral"/> |
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|[[Jet Ski]] |
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|[[personal water craft]] |
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|[[Yamaha Motor Company]] |
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| Used universally to refer to any type of personal watercraft.<ref>http://www.ohiodnr.com/news/feb97/pwclaws/tabid/14069/Default.aspx</ref> |
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|[[Windex]] |
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|[[Hard surface cleaner]] |
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|[[S. C. Johnson & Son]] |
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|<ref name="gomestic"/> |
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| [[Xerox]] |
| [[Xerox]] |
Revision as of 16:39, 16 April 2009
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]
- Cellophane[2] – Originally a trademark of DuPont[3]
- Dry ice[4] – Trademarked by the Dry Ice Corporation of America in 1925[5]
- Escalator – Originally a trademark of Otis Elevator Company[6]
- Heroin[7] – Trademarked by Friedrich Bayer & Co in 1898[8]
- Kerosene[9] – First used around 1852
- Lanolin – Trademarked as the term for a preparation of sheep fat and water[10]
- Linoleum – Floor covering[11]
- Mimeograph[12] – Originally trademarked by Albert Dick
- Pilates exercise system – United States trademark formally canceled by court in 2000[13]
- Thermos - Originally a Thermos GmbH[14] trademark name for a vacuum flask; declared generic in the U.S. in 1963[15]
- Touch-tone – Dual tone multi-frequency telephone signaling; AT&T states "formerly a trademark of AT&T"[16]
- Trampoline – Originally trademarked by George Nissen[17][18] for the generic "rebound tumbler"
- Videotape - Originally trademarked by Ampex Corporation[19], 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"[20]
- 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[21]
- Zipper – Originally a trademark of B.F. Goodrich[22]
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.[23] 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 |
---|---|---|---|
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.[24] This news article is one example of the brand being treated a a generic term. |
Band-Aid | Adhesive bandage | Johnson & Johnson | Often used as though generic by consumers in the U.S., though still legally trademarked.[23] |
Biro | Ballpoint pen | Société Bic | Used generically in colloquial British and Australian English, particular for cheaper disposable pens, but remains a registered trademark.[25] |
Clorox | Bleach | Clorox Company | [26] |
ChapStick | Lip balm | Wyeth Consumer Healthcare | [27] |
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.[28] Also used for rival brands of cola (e.g., Pepsi) elsewhere, such as in the UK.[citation needed] |
Colt | revolver | Colt's Manufacturing Company | Used to describe any revolvers during the 19th century, regardless of brand.[29] |
Crock-Pot | slow cooker | Rival Industries | "Crock pot" and "crockpot" are common synonyms used by cooks to describe any slow cooker.[30] |
Cuisinart | Food processor | Conair | Sometimes used in the U.S. to refer to any food processor, but still a trademark.[31] |
Discman | Portable CD player | Sony Corporation | As with "Walkman" (below), this was commonly used generically, but remained a legally recognized trademark.[32] |
Durex | adhesive tape (Australia) | 3M | In Australia, used as a generic name for adhesive tape.[25] |
condoms (UK) | SSL_International | In the UK, a brand of condom, which is often used generically.[33] | |
Dumpster | waste receptacle | Dumpster brand | |
Elastoplast | Adhesive bandage | Elastoplast (Company) | Used in commonwealth countries as an all-encapsulating name for Adhesive Bandages.[34] |
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.[35] |
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., but still a legally recognized trademark.[36] | ||
Hoover | Vacuum cleaner | The Hoover Company | Widely used as a noun and verb.[35] De facto loss of trademark in the UK.[36] |
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[37] |
Jet Ski | Stand-up personal watercraft | Kawasaki | Used universally to refer to any type of personal watercraft.[38] This news article is one example of useage. |
JumboTron | Large-screen television | Sony Corporation | Still used, although Sony exited the market for this product in 2001.[39] |
Kleenex | Facial tissue | Kimberly-Clark | Often used by consumers as if it were generic in the U.S., but still a legally recognized trademark.[23] |
Matchbox | Die cast toy | Mattel | Used at its height of popularity to describe die cast cars.[40] |
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.[41] |
NOS (Nitrous Oxide Systems) | Nitrous | Holley Performance Products | Widely used generically to describe nitrous systems used in motor vehicles.[42] 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.[43] |
Photoshop | Photo manipulation | Adobe Systems | Commonly used as a verb to generically describe digital manipulation or compositing of photographs.[44] |
Polaroid | Instant film | Polaroid Corporation | Commonly used to refer instant photograph shot during model auditions.[45] |
Post-Its | Sticky notes | 3M | Often used by consumers as if it were generic in the U.S., but still a legally recognized trademark.[46] |
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. [47] |
Q-tips | Cotton swabs | Unilever | Often used by consumers as if it were generic in the U.S., but still a legally recognized trademark.[48] |
Rizla | Rolling paper | Imperial Tobacco | Often used to describe rolling papers which are used to contain rolled tobacco or marijuana.[49] |
Rollerblade | Inline skates | Nordica | Commonly used name by consumers in the U.S.,[citation needed] but the name is still a trademark. [50] |
Saran Wrap | plastic wrap | S. C. Johnson & Son Asahi Kasei |
[27] |
Scalextric | Slot car | Hornby Railways | Used commonly in the United Kingdom to describe slot cars and the hobbies itself.[51] |
Scotch tape | Clear adhesive tape (US) | 3M | Appears in dictionaries as both generic and trademarked.[52] "Trademark Law" advises that proper usage is "Scotch brand cellophane tape" to combat "generic tendencies".[53] |
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.[54] |
Sellotape | Clear adhesive tape (UK) | The Sellotape Company, owned by Henkel Consumer Adhesives | Often used generically as a verb and noun.[55][56][57] Appears in dictionaries as both generic and trademarked.[58] |
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".[59] |
Stelvin closure | Screw cap | Rio Tinto Alcan | Often used generically.[60] |
Styrofoam | extruded polystyrene foam | Dow Chemical Company | In the United States, "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,[61] which is made for thermal insulation and craft applications.[62] |
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.[63] |
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.[64] |
Tarmac | Asphalt road surface. | Tarmac | Often used by consumers as if it were generic in the UK, but still a legally recognized trademark.[65] |
Taser | Electroshock weapon | Taser Systems Taser International |
Acronym for a fictional weapon: Thomas A. Swift's Electric Rifle.[66] 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. |
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.[67] |
Tylenol | Paracetamol | McNeil Consumer Healthcare | [27] |
Vaseline | Petroleum jelly, petrolatum | Unilever | Often used by consumers as if it were generic in the U.S., but still a legally recognized trademark.[48] |
Velcro | Hook-and-loop fastener | Velcro company | Used as generic, but still trademarked.[68] Often used as a verb.[69] |
Walkman | Personal stereo | Sony Corporation | Was commonly used generically, but still a legally recognized trademark.[32] |
Jet Ski | personal water craft | Yamaha Motor Company | Used universally to refer to any type of personal watercraft.[70] |
Windex | Hard surface cleaner | S. C. Johnson & Son | [27] |
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."[71] |
Notes
- ^ Aspirin FAQs, Bayer HealthCare website, accessed February 23, 2008
- ^ 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).
- ^ 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. Retrieved 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". Retrieved 2008-01-24.
- ^ Inventor of the Week: Archive
- ^ West View Trampoline Community – Trampoline History
- ^ [1]
- ^ "Merriam-Webster FAQ". Retrieved 2008-01-24.
- ^ 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://news.bbc.co.uk/1/hi/magazine/5304780.stm
- ^ a b Room, Adrian (1983). Dictionary of Trade Name Origins. Routledge. ISBN 0710201745.
- ^ 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
- ^ "Is Slow Cooker Synonymous with Crock-Pot?". Food News Service. Retrieved 2008-01-24.
- ^ http://www.canosoarus.com/16InventorTips/Trademarks.htm
- ^ a b http://www.walkmancentral.com/faq
- ^ 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
- ^ a b Lowa, John (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.
{{cite journal}}
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suggested) (help) - ^ a b "Google calls in the 'language police'". BBC News. BBC. 20 June 2003. Retrieved 2008-08-23.
- ^ http://www.uslaw.com/library/Intellectual_Property_Law/Chryslers_Ad_Tells_Consumers_JEEP_SUVs_Special_Generic.php?item=220831
- ^ http://www.wisegeek.com/what-is-a-jet-ski.htm
- ^ http://bigbeefandbeer.com/jumbotronFAQ.htm
- ^ 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
- ^ "Gerber Childrenswear Brand Usage". Gerber Childrenswear official website. Retrieved 2009-04-13.
- ^ The Photoshopping Of The President
- ^ http://data.getafreelancer.com/project/242835/software%20for%20job4models.rtf
- ^ 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
- ^ U.S. Patent and Trademark Office (Filed July 15 1984). "Trademark Applications and Registrations Retrieval". Retrieved 2007-02-25.
{{cite web}}
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(help) - ^ 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.
{{cite book}}
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and|coauthors=
(help) Scotch tape: 1. a transparent, cellophane, adhesive tape for mending, patching, sealing, etc. - ^ Kane, Siegrun D. (2002). Trademark law: a practitioner's guide. Practising Law Institute. p. 5-15. ISBN 1402402279.
{{cite book}}
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(help) - ^ http://www.boatingindustrycanada.com/index.php?page=shop.product_details&category_id=130&flypage=shop.flypage&product_id=852&option=com_virtuemart&Itemid=137&vmcchk=1
- ^ "Sellotape looks to television to strengthen diluted brand name". Campaign. 25 April 2003. Retrieved 2008-08-25.
{{cite news}}
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(help) - ^ Dick, Matthew (2004). "Why you must never Sellotape a Xerox into your Filofax". The Journal of Brand Management. 11: 509–513. doi:10.1057/palgrave.bm.2540195.
- ^ "A brief history of sticky tape". BBC News. BBC. 7 July 2003. Retrieved 2008-08-25.
- ^ The Chambers dictionary. London: Chambers. 1993. ISBN 0-550-10255-8.
- ^ Smith, Jane. "Mark Our Words!" (PDF). USP Magazine.
{{cite web}}
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(help) - ^ http://fosters.com.au/enjoy/wine/621EF7823D0B43A0860B1C0BD3BA1AFF.htm
- ^ Dow Craft Site, "Professional Craft Designers Design Purchase Programs/FAQs," accessed Nov. 24, 2008. http://craft.dow.com/profcr/faq.htm
- ^ Dow Craft Site, "Responsible Living and STYROFOAM™ Brand Foam", accessed Nov.popopopopopo 24, 2008. http://craft.dow.com/about/environ.htm
- ^ "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. Retrieved 2008-09-04.
- ^ http://en.allexperts.com/e/t/ti/tipp-ex.htm AllExperts.com on Tipp-Ex
- ^ Freeman, Allyn (1997). Why Didn't I Think of That: Bizarre Origins of Ingenious Inventions We Couldn't Live Without. Wiley. pp. pp.99–pp.104. ISBN 0471165115. Retrieved 2008-05-09.
{{cite book}}
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ignored (help) - ^ "Velcro." The Oxford English Dictionay. 2nd ed. 1989.
- ^ http://www.ohiodnr.com/news/feb97/pwclaws/tabid/14069/Default.aspx
- ^ Ginsburg 2001, pp. 317–318, 322