Seasons Change and Brands Do Too–Understanding and Combatting Genericism
With Fall in full swing and Winter around the corner, you know what that means–transitions are happening all around us. Whether you’re Marie Kondoing up your apartment and eliminating that which no longer serves you, sprucing up your space with some holiday decor, or revamping your internal operations at work, embracing change as the seasons shift is a great way to bring new energy into your life. Lets explore this with genericism.
More often than not, change happens out of necessity or obligation than it does by choice, which–at one time or other–you might come across as a business. Brands are sometimes forced to change an aspect or multiple aspects of their company, structure, and operations due to factors such as demand, outdated ideals, practices, competition, or facing challenges with relevancy. Another component that could prompt a rebrand is becoming a victim of genericism. Despite having protected your brand with specific trademarks, you could lose legal protection when your brand name or trademarked names become so ubiquitous that they become synonymous with competitors who offer similar goods and services.
Let’s explore what genericism is further and why it’s something to be avoided at all costs.
Popular to a Fault
Trademarks are valuable assets for your business ventures as they symbolize your brand. They indicate what you represent and your unique offerings, helping consumers build trust around your specific brand. Many of our articles emphasize the importance of trademarking if you are serious about your business and want it to grow securely. Trademarks focus on distinction and how you stand out from the rest, though there is irony in distinction. A brand name or trademarked name can be so distinct and unique that it actually works against the brand in the long term.
While you need distinction for your brand to get approval of your trademarks, made-up words tend to be more prone to become genericized. That’s right–being so out of this world with your naming and marks can actually impact your business negatively. The more you grow, the more likely your fanciful name becomes a weakness, and you are no longer safeguarded against genericization. When your trademark name becomes linguistically generic, it not only loses its trademark protection and but becomes up for grabs for public use. The public won’t be penalized for using your trademarks once genericized.
Believe it or not, countless products have fallen victim to genericism, many of which you are likely already familiar with. These previously trademarked names include Thermos, Trampoline, Frisbee, Laundromat, ASPRIN, Wine Cooler, Pilates, Taser, Chapstick, Bubble Wrap, and Hula Hoop. While genericism indicates that a trademarked product or brand name is worthwhile and valuable to consumers, it can quickly destroy a brand. Popularization can be rewarding, sure, but once your trademark names become universal, people associate the name or term with the general concept.
Take hula hoop, for example–what was once a trademarked name used to describe a fun toy hoop for kids to dance and exercise quickly morphed into a generic name any toy hoop brand could swoop and use to market and sell their own adaptations. It is nearly impossible to prevent other brands from mimicking your ideas and intellectual property once the name is genericized, and this poses a challenge for your business if you want to weed out competitors in the space.
When your lips are chapped, you likely head for the store to pick up some lip balm. You might even say “I need some chapstick,” but associate the word with any goods or services that help to moisturize your chapped lips. When this occurs, we are confusing the brand with the intended use of the good or service. This can put the actual brand Chapstick in an unfortunate position because now their brand no longer stands out from other competitors who also offer lip moisturizers.
Thermos is another prominent example of a trademarked name that became generic over time. We all know that a Thermos is a vacuum-insulated bottle–designed to keep your food hot while on the go. The eccentric nature of the name became so popular that it lost legal protection, and other brands and businesses can use the word thermos as a descriptive word to describe their tumblers that keep things hot or cold. And no one can stop them.
This degree of familiarity puts you at risk of losing your trademarks. The loss of such protection means any competitor has the fair game to use your trademark name to promote their products. Once your trademark becomes a generic name your brand could suffer greatly, and profit margins could fluctuate. So how do we decide on our trademarks in a way that will avoid such problematic outcomes?
How to Avoid and Combat Genercism
Unfortunately, there are no direct guidelines on how to prevent your trademark name from becoming genericized. However, we do have a few suggestions that might help. For one, refrain from using the name of your product as a generic noun, as this can confuse customers. We suggest including the generic name of the goods or services alongside the trademark to indicate to the public that it is a trademark, which demonstrates what your product is and does. For example, Bandaid could be trademarked as Bandaid adhesive bandages or something along those lines. Chapstick could be trademarked as chapstick lip moisturizer and balm. Likewise, Aspirin could be labeled as an inflammatory relief tablet.
Another way to stop genericism dead in its tracks is by taking direct action if you notice third parties incorrectly using your trademark name. This should also prompt you to educate your consumers, company, competitors, and the general public on how your trademark should be used. You could execute this via running advertisements or a marketing campaign that demonstrates to your audience how your trademark name is associated with your brand, perhaps by outright spelling out how it’s supposed to be used. Get creative here; it will help make a lasting impression. If all else fails, consider rebranding.
Rebrand to Stay Relevant
Losing trademark rights can be a big doozy, but you have a few options when your name becomes genericized. The safest–but perhaps most costly option when it comes to combating genericism–is to rebrand. Change and transformation can be scary on the surface. People tend to like what they know and stick with what they are comfortable with. But branching out into the unknown and reworking your brand can do wonders if done right. Note that it is very easy to poorly execute a rebrand if you don’t put enough time and energy into developing a proper strategy. Make sure that–before taking any major steps–you weigh all the options and requirements needed to thrive.
To rebrand appropriately, you must reestablish your brand’s audience and market. If you’d like to take it a step further, you can redefine your company’s mission, values, and vision, which inspires employees to share new ideas. Renaming and reconfiguring your slogan, logo, and or name are also vital aspects of rebranding. In the case of genericism, you’ll want to emphasize reconsidering, shortening, or paraphrasing trademark names that became generic. If you’d like more information on What to trademark first–name, logo, or tagline, please refer to our other article/FAQ page.
You can strategically change your marks to help advance marketing efforts, revamping your brand identity. Kentucky Fried Chicken, for example, advertises under KFC, and Dunkin Donuts shortened its title to Dunkin, demonstrating they are much more than a doughnut shop. Having a tagline, distinct voice, and other assets that help distinguish you can help you avoid being placed in murky water with other brands with similar offerings.
The bottom line, it’s tough to foresee potential issues that might affect a brand, and genericism is sometimes unavoidable. Just know that even if your trademark name becomes a household name, it still has potential to grow. There are many ways to resurface your brand identity after being sucked into a sea of sameness; know that public awareness and fast action are key.
Let us help you with your rebranding.