{"id":8592,"date":"2022-02-25T16:13:51","date_gmt":"2022-02-25T06:13:51","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=8592"},"modified":"2022-03-01T08:04:06","modified_gmt":"2022-02-28T22:04:06","slug":"genericised-trade-mark","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/information\/genericised-trade-mark\/","title":{"rendered":"What is a Genericised Trade Mark?\ufffc"},"content":{"rendered":"\n

There is a very fine line between popularity and market dominance, with the latter often having negative consequences in the trade mark domain. Over time, a brand might become so famous that it becomes a household name. While seemingly good for business, this has led to companies losing their trade mark registration through trade mark genericisation.<\/p>\n\n\n\n

This article will take you through what trade mark genericisation is and how to avoid it.<\/p>\n\n\n\n

Generic Trade Marks<\/h2>\n\n\n\n

Generic trade marks<\/a> refer to common terms used to describe goods or services. These trade marks are the weakest types of trade marks, as they are neither distinctive nor unique. <\/p>\n\n\n\n

For example, a trade mark for a blanket called \u201cblanket\u201d would be considered generic and therefore not suitable for trade mark protection.<\/p><\/blockquote>\n\n\n\n

Generic Terms as Trade Marks<\/h2>\n\n\n\n

Broadly, generic terms cannot be registered as trade marks. This is because everyone has the right to describe the goods or services they are selling. Monopolising a common term would remove this right and reduce competition, which is unideal.<\/p>\n\n\n\n

Aside from generic terms, there is another common occurrence where a good or service becomes synonymous with its brand name. Where a good or service has a monopoly in the market, the associated trade mark risks being subject to genericisation. Where this happens, the trade mark risks losing its legal protection, allowing competitor businesses to use the genericised term to describe their own goods or services.<\/p>\n\n\n\n

Disadvantages of Genericised Trade Marks<\/h2>\n\n\n\n

The process of genericisation is a double-edged sword. On one hand, it indicates that your trade mark has substantial market dominance, to the extent that it has become a household name.<\/p>\n\n\n\n

While this might seem like an opportunity for free advertising as consumers refer to your trade mark, and therefore positive for business, genericisation has a range of negative impacts<\/a>. Firstly, your registered trade mark may lose its protected status, allowing all competitors to use the trade mark to promote their own products. Further, the brand name will also lose its distinctiveness, reducing its value and making it difficult to advertise effectively.<\/p><\/blockquote>\n\n\n\n

Examples of Genericised Trade Marks<\/h2>\n\n\n\n

There are a range of common goods and services that were once protected by trade mark registration that have since lost their protection due to becoming genericised. For example:<\/p>\n\n\n\n