Talk:Generic trademark/Archives/2014

This is an archive of past discussions about Generic trademark. Do not edit the contents of this page. If you wish to start a new discussion or revive an old one, please do so on the current talk page.

(Talk sections devoted each to a specific trademark)

(Painkillers)

Aspirin

This comes as a surprise to me:

"The classic example is Bayer's trademark for the drug Aspirin. A customer at a pharmacy is obviously more likely to ask for "Aspirin" than for "acetylsalicylic acid tablets", which is the name all manufacturers of generic versions of the drug are forced to use in order not to infringe the trademark. "

In the UK, as in the USA, 'aspirin' is a freely used generic term - I have here a small pot of 'ASPIRIN' produced by 'Parachem Ltd', not Beyer. I have never, in 46 years, see it sold as "acetylsalicylic acid tablets" in the UK.

I propose to get rid of this example - unless someone can demonstrate I'm wrong? —Preceding unsigned comment added by 62.49.6.17 (talk) 11:59, 6 November 2007 (UTC)

Isn't that the whole point of the article? Bayer no longer hold rights to the word - anyone can market their product under the name ! I don't think anyone else is marketing 'hoovers', but the original company must be fighting hard ... --195.137.93.171 (talk) 10:10, 20 February 2008 (UTC)

(Aspirin & Tylenol)

I think that a better example would be Tylenol®. I propose that Asprin is replaced with Tylenol® as Tylenol® is a brand name of acetaminophen. However, when I want acetaminophen I will ask for Tylenol® not "Pain Reliever that can be compared to the active ingredient in Tylenol®". Thanks. —Preceding unsigned comment added by Tucraceman (talk • contribs) 04:33, 10 March 2008 (UTC)

You seem to be confusing genericized in the popular sense with genericized in the legal sense. Aspirin used to be a legally protected trademark in the US and UK, but it is now no longer protected in those countries. In Canada and much of Europe, it is still a protected trademark. Tylenol has not lost its trademark status in any country as far as I know. Dforest (talk) 05:21, 21 March 2008 (UTC)

- Aspirin is an ideal example to illustrate the meaning of genericized trademark. The fact that people don't know that "aspirin" is a trademark that became a generic term (and lost its trademark status) in many countries is an excellent illustration of the meaning of "genericized trademark." Tylenol is not an example of a genericized trademark because its brand-name status is still intact. --Orlady (talk) 05:08, 10 March 2008 (UTC)

According to List of generic and genericized trademarks, it is still a protected trademark in about 80 countries including Canada and many countries in Europe. Thus in Canada generic versions of Aspirin are labeled as 'A.S.A. tablets'. Dforest (talk) 05:21, 21 March 2008 (UTC)

the problem here is that it says it is general for "pain killer". It should instead say that it is general for "ASA tablets" or "ASA tablets, a type of painkiller". People will not go to the pharmacy and ask for aspirin when they want acetaminophen (Tylenol) or Ibuprofen (Advil). I will make this change myself, I see no reason for anyone to revert it. 216.209.113.183 (talk) 03:25, 29 May 2008 (UTC)

The real problem with citing Aspirin is that in several countries the trademark wasn't cancelled because the word had become genericised but because after the First World War treaties and courts in some (but not all) of the Allied powers cancelled it as part of German war reparations. Timrollpickering (talk) 11:43, 14 February 2011 (UTC)

Taco Bell in Demolition Man

I have removed this:

The concept of genericized trademarks is parodied in the 1993 film Demolition Man where Taco Bell is used as the generic word for "restaurant"; even fine dining establishments. (In releases of the film outside of North America, Pizza Hut was dubbed in[1].)

Because:

a. It does not belong in the Legal Protection section.

b. The point of the synonymity of "restaurant" and "Taco Bell" was that Taco Bell had acquired all the eateries in the nation.

"Lenina Huxley: Taco Bell was the only restaurant to survive the Franchise Wars. Now all restaurants are Taco Bell."

a. Agreed. I wrote this paragraph before the "Legal Protection" section was created

b. That is precisely the point. When a brand, through marketing or acquisition, becomes so successful, it becomes synonymous with a category, even when there is no one else in the category. It is a "genericized trademark". May I put this back in with this explanation? Samw 22:23, 14 Aug 2004 (UTC)

Of course you may. I'm still not sure I agree, because although in the event that a pure monopoly did exist, a new entrant might find the sobriquet applied legally (or illegally) to it, until this happens it is not clear that the mark has actually been genericized. I think the first part of your analysis is good " When a brand, through marketing or acquisition, " although I would add "priority or accident" to the list of causes, or even remove the list. One wonders (in this case) what the underground people called their eateries. Anyway, make the edit as you see fit. Rgds Rich Farmbrough 21:42, 15 Aug 2004 (UTC)

I'm not sure that it fits either. In the movie, they don't refer to all restaurants as "Taco Bell"s, but rather all Taco Bells as "Taco Bell"s. - DropDeadGorgias (talk) 23:04, Aug 15, 2004 (UTC)

i agree that it does not fit: monopoly does not equal genericized. Jethero 07:25, 10 November 2005 (UTC)

This raises another ish maybe should be covered (somewhere): use in fiction. Heinlein "generecized" Hilton. Hasn't it been done elsewhere? Trekphiler 19:17, 22 December 2005 (UTC)

BAND-AID jingle

In the Avoiding genericide section it says that Johnson & Johnson changed their jingle, but it doesn't say to what. It says "from '...'" and then just ends the sentence. What is it changed to? Akrabbim 22:55, 21 February 2006 (UTC)

It's in the article; read carefully! If you can suggest a rewording or format change to make it more clear, go ahead! Samw 01:24, 22 February 2006 (UTC)

mimeograph?

i've never heard of a mimeogaph before. Is it an american thing? I thin Sellotape or Kleenex would be a better example

The mimeograph became obsolete in the 1980s. Before then, it was a cheaper alternative to photocopying. If you were born before 1973 you would certainly know what a mimeograph is, whether you were British or North American. --Mathew5000 14:46, 18 July 2006 (UTC)

Xerox

The legal department at Xerox went so far as to get several dictionary publishers to add "Xerox is a registered trademark of Xerox Corporation" to their definitions.

Sometime during the 1970s, they placed signs next to all of the inhouse copiers reminding employees that "Xerox is not a verb," i.e., "You cannot Xerox anything." (Note that some dictionaries still define Xerox as a transitive verb.)

The signs included a list of things that you could not do, such as, "You cannot go to the Xerox" ... on one of them, someone wrote, "Please, I've got to go to the Xerox real bad!"

Within a month, all of the signs had disappeared. :-) —Dennette 18:14, 21 August 2006 (UTC)

−UK I have never heard 'xerox' used in place of 'photocopy' in the UK. I can positively say that the majority of my work collegues (typical office in central London) would have no idea what the term meant and the others would deem it inappropriate and ask me why I was using that term.

Indeed, a decidedly North American term. Removed Panthro (talk) 01:08, 12 February 2008 (UTC)

I'm from Montreal and have only heard the term once in a Hollywood movie. Bonusbox (talk) 15:23, 19 March 2008 (UTC)

−Brazil The term 'xerox' is widely used, and as a Brazilian myself, I must say that it's rare, extremely rare, for anyone in Brazil to use the words 'photocopy' or even a 'copy' of the document. I've only heard 'xerox' in my entire life. 99.233.85.193 (talk) 18:03, 12 April 2008 (UTC)

I'm going to have to say that in the southeast US, especially in the dixie states, "a Xerox" or "Xeroxing" is still used, similar to what they would call a "ditto" for the old-fashioned mass-copying method. 71.8.8.21 (talk) 17:37, 30 May 2009 (UTC)

Xerox is still used as a generic term, and as a verb, constantly and in preference to other terms for photocopying in the southern United States. Xerox may have succeeded in protecting their trademark, but it is not correct to say that "xerox" has not become genericized, at least in this part of the world. Jsc1973 (talk) 14:07, 18 May 2010 (UTC)

Google

I added info about Google's measures to prevent the 'genericide' of the terms 'google' and 'googling' as synonymous to performing a web-search, as mentioned by New Scientist's Feedback section[2].

I took the reference to Google being defined in dictionaries from the main Google page. - 124.168.169.22 06:13, 27 January 2007 (UTC)

I don't think it's general enough. A very large proportion of the population that use the term "Google" instead of "web search" know Google is a company. Also read the criterion for generacized trademarked above. It is true it in dictionaries as a verb (the CEO's dream, the competitor's nightmare) but it is spelled with a capital "G".

Techdawg667 (talk) 02:26, 29 February 2008 (UTC)

A big problem with this list is that the claim that a trademark is generic can only be substantiated by the Trademark Office. Google is not legally a generic term; it is still a valid trademark. This determination is a technical one to be determined by the entity which gives "trademark" it's meaning (the courts.) Google ought to be removed from the initial list of "well known" generic terms. Nicholas SL Smith^chatter 03:39, 8 May 2008 (UTC)

Both references 4 & 5 are dead links, anyone got a source for google being added to the dictionary? BigTurnip (talk) 00:49, 16 May 2008 (UTC)

Heroin

This article needs to have HEROIN in it! "Heroin" was the brand-name given to Heroin by Bayer back when they made and manufactured it. The REAL name for "Heroin" is Diacetylmorphine. —The preceding unsigned comment was added by Lumarine (talk • contribs) 22:46, 8 February 2007 (UTC).

It's listed at List of generic and genericized trademarks. Samw 01:24, 9 February 2007 (UTC)

Zipper

Unmentioned here, only a brief mention in list of generic and genericized trademarks as originally belonging to a tyre manufacturer. Why is there no mention of the original product to which it applied - which supposedly was not the fastener itself but a rubber boot that was one of the early products to employ that fastener? --66.102.80.212 (talk) 21:42, 14 March 2008 (UTC)

Palm Pilot

I would never include "Palm Pilot". Is there any evidence?
138.243.129.4 11:16, 13 February 2007 (UTC)

agree. --Van helsing 14:14, 13 February 2007 (UTC)

Escalator?

From the wikipedia article on Escalators:

A moving walkway, moving sidewalk, walkalator, travelator (colloquial name, not to be confused with Trav-O-Lator®, a registered trademark of United Technologies), or moveator is a slow conveyor belt that transports people horizontally or on an incline in a similar manner to an escalator. In both cases, riders can walk or stand. The walkways are often supplied in pairs, one for each direction.

I couldn't find a brand named Escalator, can someone provide for the article or do they mean Travelator? Arthurian Legend 15:25, 16 May 2007 (UTC)

See: http://www.bartleby.com/61/73/E0207300.html Samw 03:08, 17 May 2007 (UTC)

Personal Computer and PC

I beleive when IBM first came out with the PC, it was their marketing which deliberately introduced the term to differentiate the product from other "microcomputers." I think it is now used generically- If someone could research IBM's marketing of the PC I think it would be a great example in this article. Cuvtixo 19:46, 24 September 2007 (UTC)

See Personal computer for a history of the term. Samw 00:42, 25 September 2007 (UTC)

Sellotape

Surely Sellotape should be here? In the UK, adhesive tape is almost always called Sellotape. 217.43.8.131 (talk) 17:02, 23 May 2008 (UTC)

Wow O_O Never knew Sellotape was trademarked - I always thought it was a generic term. Add it! EDIT: Nevermind, just realised it is there :P Hanii (talk) 02:57, 1 December 2008 (UTC)

Trex

Is Trex becoming, or has it already become, a genericized trademark for plastic lumber? —Preceding unsigned comment added by 72.248.107.194 (talk) 15:45, 17 July 2008 (UTC)

Removing "Bluetooth"

Now Bluetooth is certainly a well-known and commonly used network protocol stack, but I've never seen the term "Bluetooth" being used for something as a generic category rather than the specific thing that the trademark identifies. —Preceding unsigned comment added by 208.48.22.162 (talk) 17:28, 12 November 2008 (UTC)

Coke

I'm very surprised that Coke isn't on the list (as in people saying Coke in place of a generic cola). I say it all the time, and I know it's very common (in the UK at least). —Preceding unsigned comment added by 78.148.190.70 (talk) 19:35, 18 November 2008 (UTC)

It's the same in a lot of places in the U.S., especially in the south. Cheers to our friends across the pond. 24.42.130.194 (talk) 05:43, 6 May 2011 (UTC)

Oh, it appears as if the list was updated to reflect that. Should've checked that. However, it doesn't mention anything about the UK there. Should I add it? 24.42.130.194 (talk) 05:49, 6 May 2011 (UTC)

Oops, could'a sworn I was signed in. I was not long ago. :/ Well, those previous two posts were mine. Venku Tur'Mukan (talk) 05:51, 6 May 2011 (UTC)

Post-It Notes

Doesn't everybody call the little stickies Post-It Notes by now? Another 3M product Stewie17 (talk) 17:37, 23 December 2008 (UTC)

Yes, I think that's a good example. Jepflast (talk) 07:17, 22 January 2009 (UTC)

iPod

Someone put a "citation needed" after my addition of "iPod".

Why? None of the other examples has citations. Why is this needed for the iPod?

Google has (lots of examples) where "ipod" is used as a generic term for a MP3-player, but is a 'citation' from Google sufficient?

Or how about "download to you iPod" where downloading is really just a MP3, that can be used on any MP3-player. Is an example like that sufficient?

RipRapRob (talk) 21:24, 15 February 2009 (UTC)

There is a big difference between common usage and the few idiots that actually say that. — Preceding unsigned comment added by 74.196.153.73 (talk) 20:13, 14 July 2011 (UTC)

Q-Tip in Italy

I am opening a discussion item here, since it is currently reported in this page that Q-Tip is a genericised trademark in Italy, while there is no mention of that in the list of generic and genericized trademarks.

Born and raised in Italy, I have never heard anybody say the words "Q-Tip", so I would be inclined to remove such claim. However it is possible that such use is widespread and I have just been exposed to a weird sample of the Italian population, so before proceeding to edit the page I thought I'd hear if anyone supports the current version

Davide.tassinari (talk) 14:19, 10 July 2009 (UTC)

EDIT: right, seems like nobody has anything to say, so I'm going to go on and modify the page. Feel free to comment here :)

Davide.tassinari (talk) 09:17, 24 July 2009 (UTC)

Elastoplast removed

Elastoplast is not synonymous with plaster in the UK, if anyone can prove me wrong then go ahead and re-add it. RaseaC (talk) 23:58, 7 September 2009 (UTC)

PowerPoint

Does this count? ISTM it's come to be used to refer to electronic on-screen presentations generally, probably regardless of the actual software used to create or display it. Am I right? -- Smjg (talk) 13:31, 14 December 2009 (UTC)

Oops, wrong page. I meant to search for this on List of generic and genericized trademarks. And it's already listed. -- Smjg (talk) 13:55, 14 December 2009 (UTC)

Parmesan

Being an Italian, I am very surprised to see that Parmesan is—or seems—cataloged as a French cheese from the Bordeaux area. I would therefore indicate only Roquefort as “French cheese,” since the current position creates confusion in the readers. —Preceding unsigned comment added by 79.42.130.185 (talk) 14:13, 8 May 2010 (UTC)

Frisbee

Frisbee is a Genericized trademark. Stuntman crow (talk) 22:53, 14 May 2010 (UTC)

Lego

Are Lego bricks commonly referred to as 'Legos' outside the US? It isn't common to use the contraction in the UK. "While largely unheeded" might refer only to some territories. —Preceding unsigned comment added by Awm (talk • contribs) 14:04, 20 June 2010 (UTC)

(Linoleum)

Contradiction?

This article states that "linoleum" was "never used as a trademark". The list of genericized trademarks says that it was. Which is it? — Preceding unsigned comment added by 74.95.43.249 (talk) 02:20, 29 April 2014 (UTC)

Scotch

Why is Scotch in italics? Btljs (talk) 09:46, 14 August 2014 (UTC)

Italics now removed. Quercus solaris (talk) 17:49, 14 August 2014 (UTC)

("Genericized" and "genericide")

Neologism

("Genericized" as a neologism)

Does anyone have any sources for definitions of the term "genericized trademark"? I can find plenty of examples of use, but no single definition (at least not a reputable one that isn't a blog or a wiki). This query stems from a dispute on the [Talk:Ouija] page about it's status as an often generically used term, and whether the term "genericized" denotes a legal-status or not. Davémon 18:26, 11 September 2007 (UTC)

Yes, see the "terminology" section of this article. I am not aware of a single well-accepted term for this concept. Samw 09:46, 12 September 2007 (UTC)

It's not a word in the OED. I'm not sure if that clears it up. Temporaluser (talk) 07:01, 25 February 2008 (UTC)

("genericide": first mention)

I'm more concerned about the word "genericide" used in the article. What does it even mean? Looks like a neologism to me. Jpolchar (talk) 21:56, 3 July 2009 (UTC)

Changed (http://en.wikipedia.org/wiki/Talk:Generic_trademark#Genericide). --84.63.213.225 (talk) 01:46, 7 July 2013 (UTC)

Genericide

Shouldn't this mean killing a family ? I know some people don't care about semantics and etymology, but that's terribly misleading ! 'Genericisation' ? I guess 'genericised' would bring us back in any case. Too late ! --195.137.93.171 (talk) 10:04, 20 February 2008 (UTC)

What about "generalised"? Techdawg667 (talk) 02:34, 29 February 2008 (UTC)

Yes sounds a bit like a neologism to me and it doesn't feature in the OED. I don't even know what it's supposed to mean! Might be best to find another word. —Preceding unsigned comment added by Jpolchar (talk • contribs) 21:52, 3 July 2009 (UTC)

I've changed all occurrences of genericide to genericization here, on Generic_brand, and in Template:Trademark_law. Genericization describes the phenomenon unambiguously, unlike generification which is used less frequently and with different meanings. See also e.g. On Brand Name Change: A theory of genericization. --84.63.213.225 (talk) 01:44, 7 July 2013 (UTC)