How can a business lose trademark protection when a trademark becomes a generic term?

In intellectual-property law, a business can lose trademark protection through a process known as genericide. This occurs when a brand name becomes so successful and ubiquitous that it evolves into the common, generic term used by the public to describe the product category itself rather than the specific source of the goods.12

When a trademark loses its distinctiveness in the public’s mind, courts may rule that the holder no longer possesses exclusive rights to the term, effectively moving it into the public domain. Historical examples of this transition include terms like aspirin, cellophane, and escalator, which were once proprietary marks but became genericized over time.132

To prevent this, brand managers must actively maintain control over their brand elements. This involves implementing strict internal rules regarding the use of brand imagery and terminology to ensure the name remains associated with the specific company rather than the product type. Failure to police the use of the mark—or allowing it to be used interchangeably with the product itself—can lead to the legal forfeiture of trademark protection.213