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genericized trademark

From Wiktionary, the free dictionary

English

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Alternative forms

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Noun

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genericizedtrademark (pluralgenericized trademarks)(American spelling, OxfordBritish English)

  1. (business, law) A successfulbrand name ortrademark that has come to refer to the generic class of objects rather than the specific brand type, sometimes without continueddefensibility of the trademark but usually with continued defensibility.
    Synonym:proprietary eponym

Usage notes

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  • In alegal system this state of usage may entail thelegal effect ofexclusive rights of saidtrademark being lost by the parent company.
  • In the legal system of theEuropean Union, the requirement in question is under theArt. 58 I (b) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on theEuropean Union trade mark that “in consequence of acts or inactivity of the proprietor, the trade mark has become the common name in the trade for a product or service in respect of which it is registered.” So terms to imply that legal requirement being fulfilled may begeneric name,generic term, “generic expression ”, “common trade name”, “generic designation”,common term orcommon name opposed totrade name. Thus the termgenericized trademark is not used but one has rather circumlocutions that the trademark “has become a generic name” etc. Companies that wish to prevent genericization of their trademarks do well to give the public a nonproprietary name or short description to fill thelexical gap that otherwise is likely to be fillednaturally by genericization of the trademark. For example, for (hypothetical) special socks for winter warmth, the label might say "WARM-O-RAMA®" prominently andthermal socks in small letters.

Translations

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brand name that has come into general use

Further reading

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