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Trademark owned by Philips in the European Union and various other jurisdictions, but invalidated in the United States due to it being merely a descriptive term. [2] [3] [4] Aspirin Still a Bayer trademark name for acetylsalicylic acid in about 80 countries, including Canada and many countries in Europe, but declared generic in the U.S. [5] Catseye
Genericization may be specific to certain professions and other subpopulations. For example, Luer-Lok (Luer lock), [9] Phoroptor (phoropter), [10] and Port-a-Cath (portacath) [11] have genericized mind share among physicians due to a lack of alternative names in common use: as a result, consumers may not realize that the term is a brand name rather than a medical eponym or generic term.
Pages in this category began as brands and registered trade-names but have become generic in ubiquitous, oft and common use. In some examples, the trademarks have been canceled by courts of law, some did not get renewed and simply expired into the public domain, while others became the victim of their own success, and the trade-name became a language term for the entirety of the market niche ...
For example, in the United States, trademark rights are established either (1) through first use of the mark in commerce, creating common law rights limited to the geographic areas of use, or (2) through federal registration with the U.S. Patent and Trademark Office (USPTO), with use in commerce required to maintain the registration.
Trademark distinctiveness is an important concept in the law governing trademarks and service marks. A trademark may be eligible for registration, or registrable, if it performs the essential trademark function, and has distinctive character. Registrability can be understood as a continuum, with "inherently distinctive" marks at one end ...
Over time, Band-Aid has become a well-known example of a genericized trademark in the United States, Canada and South America. [9] Johnson & Johnson has registered Band-Aid as a trademark on the Principal Register of the United States Patent and Trademark Office [10] and has tried to prevent its genericization in its marketing. [11]
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