marks which were originally legally protected trademarks, but have been genericized and have lost their legal status due to becoming generic terms,
marks which have been abandoned and are now generic terms
marks which are still legally protected as trademarks, at least in some jurisdictions
List of former trademarks that have been genericized
The following partial 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. These marks were determined in court to have become generic. Some marks retain trademark protection in certain countries despite being declared generic in others.
Trademark owned by Philips in the European Union and various other jurisdictions, but invalidated in the United States due to it being merely a descriptive term.[2][3][4]
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.[5]
Originally a trademark for a specific type of retroreflective road safety installation.[6] The IP belong to Reflecting Roadstuds Ltd. and was registered by Percy Shaw.[7]
Still a registered trademark of Innovia Films Ltd in Europe and many other jurisdictions. Genericized in the U.S. Originally a trademark of DuPont.[8][9] A thin, transparent sheet made of regenerated cellulose.
Coin laundry shop.[22]Westinghouse trademark, registered in the U.S. in the 1940s (automatic washing machine) and 1950s (coin laundry) but now expired.
Floor covering,[23] 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.[24]
Originally a brand name owned by Lenzing, an austrian based company, for a viscose-type fiber fabricated via the NMMO process. In the meantime Lyocell is a generic name used by various manufacturers.
A trademark of the Great Lakes Steel Corporation for a brand of hemicylindrical prefabricated structures, first deployed at Quonset Point, Rhode Island
Sellotape is a British brand of transparent, cellulose-based, pressure-sensitive adhesive tape, and is the leading brand in the United Kingdom. Sellotape is generally used for joining, sealing, attaching and mending. The term has become a genericised trademark in the UK, Ireland, Australia, Nigeria, Ghana, New Zealand, Israel, India, Serbia, Japan, Croatia, Greece, Turkey, Malaysia, Macedonia, Zimbabwe, and South Africa, and is used much in the same way that Scotch Tape came to be used in Canada, France, Italy and the United States, in referring to any brand of clear adhesive tape.
The word TelePrompTer, with internal capitalization, originated in the 1950s as a trade name used by the TelePrompTer Corporation, for their television prompting apparatus.[27]
Originally a trademark of Thermos GmbH (Germany), thermos has referred generically to vacuum-insulated containers[28] in the U.S. since 1963.[29] It remains a trademark in much of the rest of the world.
Originally trademarked by Ampex Corporation,[31] an early manufacturer of audio and video tape recorders.
List of former trademarks that have since become generic terms due to reasons other than genericization
The following partial list contains marks which were originally legally protected trademarks, but which have subsequently lost legal protection as trademarks due to abandonment, non-renewal or improper issuance (the generic term predated the registration). Some marks retain trademark protection in certain countries despite being generic in others.
Trademark claimed by Apple Inc. for their digital distribution platform. Apple filed a lawsuit against Amazon.com over Appstore for Amazon, but abandoned the lawsuit after an early rejection of Apple's false advertising claim in the lawsuit.[32] As part of the settlement, Apple gave Amazon a covenant not to sue, so that Amazon would drop its counterclaim to have the registration cancelled.[32] As of February 2019,[update] the trademark, reg. no. 4,829,304, remains "Issued and Active" at the U.S. Patent and Trademark Office.[33]
Trademark was cancelled in 2015.[34][35] Trademarked by Dempster Brothers, Inc. in 1963, dumpster is originally a portmanteau of the word dump and the last name Dempster. It originally appeared in the 1951 product name Dempster Dumpster,[36] while related patents date back to 1937.[37][38]
Used to refer to a state on a pinball machine where two or more balls are present on the playfield simultaneously and can be accessed by the flippers. Trademarked by WMS Industries in 1981 as "Multi-ball" and by Templar Studios in 2000 as "Multiball." "Multiball" was abandoned as a trademark in 2001, and "Multi-ball" was canceled in 2002.[39][40]
Formally held jointly by Marvel Comics and DC Comics, the trademark was challenged by a comic book artist that argued the term had become generic. The USPTO cancelled the marks in September 2024.[41][42]
A social/family event or sales promotion relating to consuming tacos on a Tuesday; held by Gregory’s Restaurant and Bar in New Jersey and Taco John's in the other 49 states until 2023, when the companies abandoned their trademark registrations after Taco Bell filed petitions with the U.S. Patent and Trademark Office to cancel the marks.[43][44]
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".[46]
Originally a trademark of B.F. Goodrich for use in rubber boots.[49]
List of protected trademarks frequently used as generic terms
Marks in this partial list are still legally protected as trademarks, at least in some jurisdictions, 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 synecdoche.[50]
The previous list contains trademarks that have completely 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".
Used generically in colloquial British, Irish and Australian English, particularly for cheaper disposable pens, but remains a registered trademark. Derived from the name of the inventor, László Bíró.[60]
This usage is especially common in Australia. The Clark Equipment Company has successfully defended the trademark against dilution and genericization at least in two cases relating to domain names with the World Intellectual Property Organization.[61][62]
Like Xerox became a generic name for a photocopier in some countries, Canon became a generic name for it in Mongolia. As Japanese company was the main exporter of photocopiers to this country, they are widely known as Mongolian: канон[66]
[67] Also appears as a definition in the Oxford English Dictionary, describing it as "a machine gun that uses a motor-driven chain to power all moving parts"[68]
[70] A Charity label or fundraising seal issued at Christmas time to fight tuberculosis or other lung disease. Trademark was taken in 1987 by ALA, who has issued National Christmas Seals in the US continuously since 1907, to prevent other US National charities from competing.
Chyron
On-Screen Graphics or Character Generator(CG)
ChyronHego Corporation
Hardware and software used in broadcasting for making lower thirds and other on screen graphics. Often used to refer to any kind of on screen graphics regardless of playout equipment.[71][failed verification]
The nickname derived from fast powerboats that were designed to smuggle cigarettes fast and outrun law enforcement personnel. Trademark was taken following a founding of a company named after the nickname.[72][73]
In 2014, San Diego Comic-Con sued the producers of a similarly named convention, contending infringement of its trademark. The case was decided by jury in December 2017, upholding "Comic-Con" as a trademark of SDCC.[77]
Often used by automobile enthusiasts and medias, when to describe restoring leather interiors, thanks to the high international reputation of the company.[78][79]
Mostly used in the Philippines to refer to nail polish, regardless of brand. Often spelled as "Kyutix", "Kutex", or "Kutix."[82] The Shanghainese term of nail polish, "蔻丹", is derived from "Cutex", because Cutex is a well-known brand of nail polish in pre-1949 China,[83] although it's not commonly seen in post-1980s China.
"Doll Instant Noodle" (公仔麵) is commonly referred in Hong Kong for instant noodles.[88] Winner Food Products (永南食品) was acquired by its former arch-competitor Nissin Foods in 1989.[89]
Much like "Band-Aid" in North America, the name has become a genericized trademark in some Commonwealth countries including the United Kingdom[where? — see talk page] and Australia[failed verification].[96]
Widely used term within New Zealand to refer to plasterboard, after the name of the country's market-leading product of its type (still trademarked).[108]
Has become a generic term for an excavator mounted with both a front loader and a backhoe in British English, as recognized by the Oxford English Dictionary.[122] Invented by J C Bamford Excavators Ltd., which is still the largest supplier of backhoe loaders.[123]
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[124] In Ireland all SUVs are colloquially called jeeps, whereas in the UK they are 'four-wheel drives'.
The name is commonly used in the US to refer to any gelatin-like dessert.[125]
Jetway
Passenger boarding bridge
JBT AeroTech
The name commonly used to describe any brand of enclosed, movable connector which most commonly extends from an airport terminal gate to an airplane, and in some instances from a port to a boat or ship, allowing passengers to board and disembark without going outside or being exposed to the elements.[126]
"Koozie" is commonly used as a generic term for all foam or neoprene insulators that cover a container, usually a can or a bottle, in order to keep the beverage cold.[131][132]
Has been used to describe any business jet regardless of builder, due to Bill Lear's skill in public relations.[135][136] Production of Learjet-branded aircraft ended in 2021 due to steadily declining sales versus larger and more comfortable competitors.[137]
"Lego" is commonly used as a mass noun ("some Lego") or, in American English, as a countable noun with plural "Legos", to refer to the bricks themselves.[138]
A white liquid applied with a brush used to hide mistakes, written or typed, with ink so they can be overwritten. (Australia, see also Wite-Out in the US Tipp-Ex in the UK and Ireland)[140]
A widely recognized genericized term for Bouillon cube and other food seasoning in Nigeria.[citation needed] It is synonymous with instant noodle in Malaysia.[citation needed]
Widely used generically to describe nitrous systems used in motor vehicles.[151] One example of this was when it was used prominently in the 2001 film The Fast and the Furious
Often used by consumers in the U.S. as if it were generic; "Onesies" is still a legally trademarked brand name of Gerber Childrenswear, which objects to its usage in the singular form as "Onesie" or as a generic product name.[153] Recently used to describe an adult bodysuit.[154]
Originally trademarked by Jaques and Son, was later passed to Parker Bros. A number of U.S. organizations nowadays are required to refer its sport as table tennis as means of trademark protection.[157][158]
Often applied as a name for a putty-like modelling material made from calcium salts, petroleum jelly and aliphatic acids. It is often used as modelling medium for art such as claymation.[159]
In 2011, the United Kingdom High Court determined "Play Dough" to be trademarked by Hasbro after a German toy maker labelled its Yummy Dough edible modelling clay with the strapline "THE EDIBLE PLAY DOUGH!".[160][161][162]
Often misspelled with a double "s", which appears to have become generic, possibly providing partial protection for the tradename "Plexiglas"[163][164]
Widely used term for a portable modular building in the UK.[169][170] Portakabin is among the brands poked fun at by the satirical magazine Private Eye over its attempts to protect the term against genericization.[171]
Marketing term for clutch-type limited-slip differentials on vehicles sold by General Motors' Chevrolet division; now commonly used to refer to any limited-slip differential, regardless of automaker or type.[172]
A newspaper article by the Daily Mirror (on 27 March 2010) treated the brand as a generic name,[176] another example of use is by The Guardian on its 16 June 2007 article.[177]
Often used by the public, the media, and even real estate agents to refer generally to any real estate agent, but the term is a legally recognized trademark of the National Association of Realtors. The terms "Realtor" and "Realtors" refer to members of this association, and not to real estate agents generally. The National Association of Realtors is engaged in ongoing efforts to prevent the mark from becoming generic. These efforts include, among other things, writing to members of the media to complain of improper usage, distribution of information and guidelines on correct usage, and the development of an educational video on the subject.[180]
Being the first rubber cement brand in the Philippines, eventually used to refer to any brand of rubber contact cement.[184] See also Rugby boy, a collective term for destitute youths known for their use of rubber cement as an inhalant.
Appears in dictionaries as both generic and trademarked.[186] "Trademark Law" advises that proper usage is "Scotch brand cellophane tape" to combat "generic tendencies".[187]
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.[189]
Registered trademark[195] for a line of Harley-Davidson motorcycles with a suspension that mimics the appearance of a rigid frame, and has since been used to refer to motorcycles of other makes with hidden rear suspensions as well as bicycles incorporating a rear suspension.[196]
Although John B. Stetson Company manufactures other types of brimmed hats, the word Stetson has been long used[198] for a generic cowboy hat which features a high crown and wide brim.
In Great Britain, the press and law enforcement officers have referred to it as Stanley knife during incidents, regardless if said weapon is actually a utility knife. The trademark has since become a dictionary term.[199]
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,[201] which is made for thermal insulation and craft applications.[202]
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 to describe a detachable hard roof panel for cars.[205]
Became used largely due to the success of the film franchise, regardless of its need for human pilots or lack of transforming capabilities, most commonly a Gundam.
The DanishTivoli Gardensamusement 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[213] and is still used as such, for instance in the name of many other amusement parks all over Denmark[214] and other Scandinavian countries. This is currently the focal point of several legal disagreements,[215] with the first (Tivoli A/S vs Innocent Pictures ApS) leading to a win for Tivoli A/S in Denmark's Supreme Court in September 2010.[216]
Philippine term for monosodium glutamate, from the formerly most popular brand. Ajinomoto leads the monosodium glutamate market presently, but people still refer to it as Vetsin/Bitsin.[221] In China, the term "Vetsin" (味精, Weijing) has never been a trade mark.
Was often used generically for any portable stereo player (usually cassette players), and in 2002 an Austrian court ruled that it had passed into common usage,[222] but still a legally recognized trademark.[223]
Used in the United Kingdom to describe a coach sized Americanmotorhome. The term is also used generically in the United States describe pretty much any motorhome, but not to the same extent.[225]
A white liquid applied with a brush used to hide mistakes, written or typed, with ink so they can be overwritten. (US, see also Tipp-Ex in the UK and Ireland)[140]
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."[226] However, it is used in the Philippines,[227] India, Russia, and Brazil as a generic word for 'photocopy'.
Frank J. Zamboni & Co., Inc. has taken a strong stance against its trademark dilution, the Zamboni name being used as a genericized trademark for ice resurfacers;[228] the company holds a registered trademark on the design and configuration of the Zamboni Ice Resurfacer by the U.S. Patent and Trademark Office.[229]
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^Hicks, Wynford (2004). Quite Literally: Problem Words and How to Use Them. Routledge. p. 61. ISBN978-0-415-32019-1.
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^"Decision of the Advertising Standards Complaints Board, Complainant: Winstone Wallboards Limited; Advertisement: James HardieArchived October 21, 2008, at the Wayback Machine", retrieved 4 April 2013. A section of the statement by the Television Commercial Approvals Bureau states: "Winstone's may be correct in claiming most people think of plaster board as gib board. But it is standard plaster board they think of as gib – not Gibraltar Specialty Boards or the entire Gibraltar Board range. Even a handyman recognizes the difference between gib board (the generic standard plaster board term) and Gibraltar Board specialty products."
^O'Connor, Michael (May 4, 2022). "What is Positraction?". Autolist. CarGurus, Inc. Archived from the original on August 20, 2023. Retrieved August 20, 2023.
^Barnhart, Clarence Lewis (1974). The World Book Dictionary. Field Enterprises Educational Corp. p. 1850. ISBN978-0-7166-0275-0. 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. pp. 5–15. ISBN978-1-4024-0227-2.
^Reynolds, William; Rand, Ritch (2003). "Stetson Hats". The Cowboy Hat Book. Layton, Utah, USA: Gibbs Smith. p. 40. ISBN978-0-87905-656-8. Archived from the original on 2024-09-10. Retrieved 2010-11-26.
^Ginsburg, Jane C.; Litman, Jessica; Kevlin, Mary L. (2001). "Trademark and Unfair Competition Law" (3rd ed.). New York: Foundation Press: 317–318, 322. {{cite journal}}: Cite journal requires |journal= (help)
