Intellectual property owners worry about infringement and litigation, while generics may end their business. Generic words cannot be registered with the United States Patent and Trademark Office (USPTO), and even the most potential trademarks fall to genericization after registration.

The USPTO sees genericide as a trademark abandon. It is because trademark owners must take proactive steps to avoid this issue. Once a trademark has been genericized, the owner no longer retains sole ownership of it. Here, we will discuss tips to avoid genericization.

What does a trademark genericize mean?

When a trademark is turned into a generic phrase used to describe a group of products, this is known as genericide. Simply put, trademark genericization results in the trademark's end since it stops serving as a source identifier of the brand owner.

Let's discuss tips that help trademark owners save their trademarks from genericization.

Avoid Genericization: Tips for Maintaining the Distinctiveness of Your Trademarks

Following are the tips to avoid genericization:

1. Establish specific brand policies: The same warning should be given to everyone who could use your trademark on your behalf or with your consent, such as a distributor, manufacturer, or joint venture partner. Create a detailed set of brand rules that specify how your trademark should be utilized to help with this. If necessary, your legal consultant should be able to help you create your brand standards. Take our legal advisor's help to avoid the genericization of the trademark.
2. Set a clear picture of the trademark: The most crucial thing to do is to ensure your trademark is used appropriately, both orally and in internal documentation, as well as on packaging, marketing materials, and consumer-facing documents.
3. Use the symbol� for the registered trademark: Once your trademark has been registered, you can use the � sign next to it within the registered area. Registering your mark notifies third parties that it is a registered trademark. It is a barrier preventing them from utilizing the mark without your consent. But remember that if that isn't the case, avoiding using the � sign is important.
4. Take measures to stop incorrect usage by others: Apart from ensuring that your personal use of the trademark is appropriate, it's crucial to pay attention to improper usage by others since failure to do so might result in the trademark being viewed as generic because of the owner's inactivity.

Bring it up with your legal advisor if your trademark is misused. It would be suitable to contact the party who uses it incorrectly and kindly explain how the mark should be used.

Do you need help to avoid the genericization of the trademark? If yes, then Brealant ltd legal advisor is there for you!

It is advised to avoid genericization from the start by following the tips mentioned above. Suppose genericization occurs, and the owner wants to cancel the registration. In that case, he can submit a "Petition to Cancel" to the Trademark Trial and Appeal Board.

Choose a trademark that is less likely to be genericized to prevent these issues, and Brealant is here to assist you with trademark registration at every step of the way!