Brand names replacing item names?

Jello

Kleenex

xeroxes

frisbee

Jacuzzi

Levi's

Polo shirt

Coke

Q-tips

Thermos

Formica

Linoleum

aspirin

zipper

Band-aid

Kool Aid

Cool Whip

Polaroid

Winnebago

Super Glue

Fiber Glass

Clorox

Styrofoam

Kevlar

Rice Krispies

Wite-Out

Pampers

Puppy Chow

Scotch Tape

Tylenol

Advil

Alka Seltzer

Pepto

Keds

Coffee-Mate

Sanka

WD-40

Kotex

Tampax

I came across this interesting article regarding the generic use of brand names. Food for thought!

Is Google becoming like a Hoover or Xerox?

In order for a trade mark to be eligible for registration and also in order for it to remain registered, it must not be generic. That it is to say it must not become a word that is used to describe the function of the product or a verb regarding use of a product. Arguably the word Google has fallen into every day language often used as a verb to describe the use of a search engine for example many people will “google” a contact before a meeting thereby using the term as a verb regardless of which search engine they actually use. Similar examples are “biro” for a ball point pen regardless of whether the pen in question is an actual Biro or another brand or Hoover which is used in both noun and verb form to describe other brand of vacuum cleaner and also to describe the action of doing the “hoovering”.

Xerox experienced similar problems and ran a series of adverts expressly denying the verb use of the word with the slogan “you can’t xerox a document but you can copy it using a Xerox brand copying machine” .

Google have apparently already written to several publications and dictionaries in order to try and avoid the word being used generically or, even worse, as a dictionary listed verb. It is not clear whether they will start an advertising campaign but it does look like a wise option in order to stem a tide of unstoppable trade mark infringements

BRIFFA Comment

This is a good example of where it becomes vital to continue policing your trade marks even once they have become registered. Registered trade marks can be the subject of several risks post registration. Some examples of such risks are below.

Infringement: If a third party infringes your trade mark it is up to you to do something about it. Using a watching service can ensure that you are made promptly aware of any new applications that may threaten or infringe your mark.

Revocation: if a mark is not used for any continuous five year period following registration it is eligible for revocation by reason of non use.

Removal by reason of having become generic. As per the example above a generic mark may mean you could lose your trade mark rights which in a brand with the value and goodwill of Google would be catastrophic.

Yup... try these...

Jacuzzi - whirlpool bath

Frisbee - round throwing device

I-Pod - mp3 player

Sellotape - Adhesive tape

Tippex - whitener

Kleenex - tissues

Coca Cola - Cola's

Thermos - Vaccuum flasks

Xerox - copiers

Portakabin - mobile buildings

JCB - tractors etc..

Cashpoint - The original LLoydsTSB ATM

Biro - Ball point pen

Durex - condoms

Blue tack - adhesive

Wanker - George Bush

Tosser - Tony Blair

Murderer - Osama Bin Laden

Ok so I made the last three up!

It relies upon on the article. i purchase shop kind bread simply by fact i think of it extremely is notably sturdy and that i will use it interior the week. yet i've got offered shop kind canned products and found a selection of of woody stems and inedible bits. So i do no longer purchase those anymore. further, I no longer purchase shop kind paper products simply by fact they are poor high quality. yet i do no longer in many situations purchase the manufacturers that are marketed on television the two simply by fact those are too costly. i attempt to decide for incredibly much less costly products yet I do prefer a definite high quality, and that i'm searching for healthful ingredients, so in specific situations meaning issues will actual be extra costly -- much less salt continuously is bigger priced to illustrate and generally ability it must be a properly ordinary kind simply by fact the shop would not make that. comparable way for much less sugar or no sugar. yet it is considerable to me.

Frigidaire-refrigerator

Xerox -copier

Jacuzzi -whirlpool spa

Coke -carbonated cola

Frigidaire - refridgerator

Kleenex -tissues

Q-tips -cotton swabs

Mcnuggets -any fast food chicken pieces

Jockey shorts -underpants

Scunci - cloth covered hair elastic

Tiffany Lamp -any lamp with a stained glass shade

Levi's -bluejeans

Google - to enter things into a search engine

Photoshop - to digitally edit photographs/images

Polaroid - instant photographs

Scotch Tape - a type of sticky tape that doesn't show up on photocopies, made by 3M

Post-Its - self adhesive notes, made by 3M

Stanley Knife - box cutter

Lycra - stretchy fabric, usually spandex

Neoprene - synthetic rubber

Some people say Kodak when they mean film.

Sellotape

Tipex

Biro for ball point although not so common these days

Aga for a range type cooker

Kleenex for paper tissues.

Tampax for tampons.

Durex used to be used for condoms, though that has changed since the AIDS epidemic.

Biro for ballpoint pen.