The Ghost of Genericide: When Success Kills Your Brand. A Trademark Tale of Terror

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Spellbinding IP: Patent, Trademark, and Business Strategy

Julie King

130 episodes

2 days ago

Learn about important intellectual property and business law issues every small business owner needs to know about. Julie King is a licensed patent attorney who practices intellectual property, business, and estate planning law. She loves talking about how tools like patents, trademarks, copyright, trade secrets, and more can be used to protect a business and brand, be used to help them grow, and become highly valuable business assets on their own. Episode transcripts are available at kingpatentlaw.com/blog. VIDEO versions only on Spotify, YouTube, Substack, and at kingpatentlaw.com/blog.

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The Ghost of Genericide: When Success Kills Your Brand. A Trademark Tale of Terror

Spellbinding IP: Patent, Trademark, and Business Strategy

1 minute 27 seconds

3 weeks ago

The Ghost of Genericide: When Success Kills Your Brand. A Trademark Tale of Terror

Trademark genericide is a real-life horror story! What happens when your brand is too good? It dies of success!

Genericide is the legal process where a trademark (like the original name for aspirin) becomes the common name for an entire type of product. The public no longer thinks of the brand; they think of the item itself.

The Tragic Tale of the Escalator: The word Escalator was once a trademark owned by the Otis Elevator Company. Because consumers started using "escalator" to describe any moving staircase, Otis eventually lost the trademark in 1950. Now, any company can use the word.

The Fix: You must always link your brand name to the generic product name.

• BAD: "Let's take the Escalator."

• GOOD: "Let's take the Otis® brand escalator."

Use your trademark as an adjective, not a noun. Never let your customers use your brand name as a verb! (e.g., Don't "photoshop" that image; use Adobe® Photoshop® software to edit that image.)

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook " on all major podcast platforms, and at @kingpatentlaw on most social media.

The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.

#trademark #intellectualproperty #kingpatentlaw #julieking #trademarktalesofterror #horror #spookyseason #halloween