What is the term for when a trademark becomes a generic part of language?

Question

Frisbee, band-aid, etc....they're often used as generic terms even though they're still trademarks. Is there a term, legal or not, term of art of not, for when this occurs?

Answer 1

I'd say it's antonomasia.

Fromdictionary.yahoo.com, "anotonomasia" is defined as " the substitution of a personal name for a common noun to designate a member of a group or class, as in calling a traitor a 'Benedict Arnold.' "

I suppose it applies also to brand names that have become a general term--like "Band-aid".

Answer 2

Cancellation of a trademark, as described in section 14 of the Lanham Act; 15 USC 1064 (3).
(3) At any time if the registered mark becomes the generic name for the goods or services, or a portion thereof, for which it is registered, or is functional, or has been abandoned, or its registration was obtained fraudulently or contrary to the provisions of section 1054 of this title or of subsection (a), (b), or (c) of section 1052 of this title for a registration under this chapter, or contrary to similar prohibitory provisions of such prior Acts for a registration under such Acts, or if the registered mark is being used by, or with the permission of, the registrant so as to misrepresent the source of the goods or services on or in connection with which the mark is used. If the registered mark becomes the generic name for less than all of the goods or services for which it is registered, a petition to cancel the registration for only those goods or services may be filed. A registered mark shall not be deemed to be the generic name of goods or services solely because such mark is also used as a name of or to identify a unique product or service. The primary significance of the registered mark to the relevant public rather than purchaser motivation shall be the test for determining whether the registered mark has become the generic name of goods or services on or in connection with which it has been used.
(http://www.bitlaw.com/source/15usc/1064.html)

Dilution is different from cancellation. In dilution, the name is still a valid name -- it has not been cancelled -- but it's being used by someone besides the trademark owner in a way that the trademark owner feels minimizes the value of the trademarked product.
(http://www.bitlaw.com/trademark/dilution.html)

Answer 3

A trademark typically becomes "genericized" when the products or services with which it is associated have acquired substantial market dominance or mind share. However, a trademark may still become genericized in the absence of significant market share through mechanisms such as viral marketing.

Answer 4

clever human beings used to place in writing each and every little thing in Latin. Homo Sapiens Sapiens is the applicable term for us cutting-part people. In Latin it ability only..."the smart" and while in comparison with our instant ancestors us cutting-part people, the main cutting-edge version of our species is, have confidence it or no longer, smart! I comprehend that in case you pay attention to many politicians and preachers..."smart" isn't the 1st term that includes ideas. by way of assessment, in spite of the incontrovertible fact that, even our president may well be seen smart while in comparison with say,Australopithecus.

Answer 5

I believe you are talking about dilution. This is the exact occurrence that Google ® is trying to stop -- you can read about that here: http://news.zdnet.com/2100-9588_22-6106479.html

You can read further about dilution here: http://en.wikipedia.org/wiki/Trademark_dilution

Hope that helps!

Answer 6

Wow. I'm pretty sure there is a word for this phenomenon but I can't think of it. Sorry!

Answer 7

Yeah i agree with peter it is known as a household name...

Answer 8

it becomes a household name

Answer 9

i think that the internet will be rather exciting if possible i hink it will