September 9, 2016
A Jacuzzi in a Jeep, drinking Coke and playing Ping Pong: Generic Trade Marks
A Jacuzzi in a Jeep, drinking Coke and playing Ping Pong: Generic Trade Marks
This week’s Economist has an article on Uber transforming the future of transport. On page 9, it begins with “Let’s Uber”. This is interesting. Few companies offer a product or service so popular that their name becomes a verb. Another brand which can claim to be a part of this phenomenon is Google. From a trade mark point of view, such references could be a cause of concern – trade mark owners need to be wary that their marks do not become generic. For Google and Uber, though, their success and popularity in their respective industries has meant that when someone says “let’s Uber” or “Google it”, they actually do mean using the services of Uber or Google, and not another car hire or search engine company. This has not always been the case for trade marks which have become very successful, particularly in relation to a new product or service. Improper advertising and labelling has often led to some consumers referring to a product or service, regardless of the source, with that trade mark. This results in that trade mark losing its distinctiveness as an identifier of trade origin. Over time, the word becomes generic for the product or service. Examples of trade marks which have been victims of their own success include “hoover”, “elevator” and even “bubble wrap”! In the past, it has often taken a brand many years before it achieved such a level of popularity that it became a verb or noun in its own right. These days, companies seem to be reaching this level a lot faster – especially as technology has allowed completely new paradigms of services to be offered, e.g. booking a concierge service via an app (there was even a dispute as to whether the term “app store” was generic – see here). For brand owners, it is important to monitor the general public’s references to its brand to ensure that it is to denote trade origin. If you have a question about your trade mark, generic trade marks or would like to discuss the above article, please feel free to get in touch.
Tags
Food & Drink /  Trademarks /  Automotive /  Tech /  Advertising

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