Which legal term describes a brand name that has become synonymous with a particular class of products and whose examples include Scotch Tape, Frisbee, Xerox and Band-Aid?
"Sellotape Sellotape () is a British brand of transparent, polypropylene-based, pressure-sensitive tape, and is the leading brand in the United Kingdom. Sellotape is generally used for joining, sealing, attaching and mending. The term has become a genericised trademark in Britain and a number of other countries where it is sold. The term is also used much in the same way that Scotch Tape came to be used in Canada and the United States in referring to any brand of clear adhesive tape. The name Sellotape was derived from ""cellophane"", at that time a trademarked name, with the ""C"" changed to"
"a brand name that has colloquially become a generic term for a product or service, such as Band-Aid, Nylon, or Kleenex—which are often used to describe any brand of adhesive bandage; any type of hosiery; or any brand of facial tissue respectively. Xerox, for example, has become synonymous with the word ""copy"". A brand line allows the introduction of various subtypes of a product under a common, ideally already established, brand name. Examples would be the individual Kinder Chocolates by Ferrero SA, the subtypes of Coca-Cola, or special editions of popular brands. See also brand extension. Open Knowledge Foundation created"
"experience satisfying them, their customers grow accustomed to that business accomplishing a certain task for them. The company or product’s brand name may even correlate with the task the customer uses it for. Xerox, Kleenex, and Band-Aid are some extreme cases of brand-names being used as the generic name of the product itself. In fact, as long as customers are continually satisfied with their purchases, the act of going to that company’s brand to accomplish a specific task becomes habitual. Repeat buyers and users are also useful for further reasons, as they are the source of “word of mouth” advertising."
"acquired substantial market dominance or mind share, such that the primary meaning of the genericized trademark becomes the product or service itself rather than an indication of source for the product or service. A trademark thus popularized has its legal protection at risk in some countries such as the United States and United Kingdom, as its intellectual property rights in the trademark may be lost and competitors enabled to use the genericized trademark to describe their similar products, unless the owner of an affected trademark works sufficiently to correct and prevent such broad use. Thermos, Kleenex, ChapStick, Aspirin, Dumpster, Band-Aid,"
"both concepts, see Apple Corps and its disputes with Apple, Inc. If a court rules that a trademark has become ""generic"" through common use (such that the mark no longer performs the essential trademark function and the average consumer no longer considers that exclusive rights attach to it), the corresponding registration may also be ruled invalid. For example, the Bayer company's trademark ""Aspirin"" has been ruled generic in the United States, so other companies may use that name for acetylsalicylic acid as well (although it is still a trademark in Canada). Xerox for photocopiers and Band-Aid for adhesive bandages are"
"Velcro, Hoover, Jet Ski and Speedo are examples of trademarks that have become genericized in the US and elsewhere. Genericization or ""loss of secondary meaning"" may be either among the general population or among just a subpopulation, for example, people who work in a particular industry. Some examples of the latter type from the vocabulary of physicians include the names Luer-Lok (Luer lock), Phoroptor (phoropter), and Port-a-Cath (portacath), which have genericized mind share (among physicians) because (1) the users may not realize that the term is a brand name rather than a medical eponym or generic-etymology term, and (2) no"
"to many web authors using the term ""photoshopped"" telling them that they should only use the term ""modified by Adobe® Photoshop® software."" Xerox has also purchased print advertisements declaring that ""you cannot 'xerox' a document, but you can copy it on a Xerox Brand copying on machine."" Another popular example is the use of the word ""frappuccino"" by Starbucks customers to mean any blended coffee beverage, though employees are instructed to only say ""frappuccino blended coffee"" or ""frappuccino blended cream"" when referring to such drinks. This rule is not hard-and-fast, however; for example, Lexis-Nexis has a U.S. trademark registration for"
"be identified by the symbol “[S]” following the product name in boldface type. As such, they are official common names for products and no other name can be substituted."" A 2014 lawsuit in the United States illustrated the necessity of such regulations. When Hampton Creek implied in its advertising that mayonnaise being marketed by Unilever was not ""real"" mayonnaise, the latter sued Hampton for defamation and cited the definitions promulgated by the Food and Drug Administration. Each State within the US reserves the authority to set standards of identity for foods marketed within the state. In addition, the departments of"
"of commercial brand names have been adopted as genericized trademarks. The best known of these is ""Dr. Dentons"", but others used include ""Big Feet"", ""Trundle Bundle"" (common usage on the Southside of Chicago), and ""Jama-Blanket"". Formerly used, obsolete terms include: In British English, the term with a meaning closest to that of ""blanket sleeper"" is ""sleepsuit"", but it is also known as a ""romper suit"". Infants' garments similar to blanket sleepers, but with the bottom portion constructed like a bag, without separate leg enclosures, are usually not considered ""sleepers"", but rather are referred to by other terms such as ""baby"
"upper case due to force of habit. It is not an acronym. Trademark names can be registered by different entities in different countries and trademark laws in some countries allow the same trademark name to be controlled by two different entities if each entity uses the trademark in easily distinguishable categories. The result is that Unix has been used as a brand name for various products including book shelves, ink pens, bottled glue, diapers, hair driers and food containers. Several plural forms of Unix are used casually to refer to multiple brands of Unix and Unix-like systems. Most common is"
"other prongs of the fair use test. Separate from the legal issues raised by fanfiction’s interaction with copyright law, legal issues may also develop from United States trademark law. Current federal trademark law follows the Lanham Act, otherwise known as the Trademark Act of 1946. Under the Lanham Act, a trademark is ""any word, term, name, symbol, or device, or any combination thereof"" used in commerce to identify a service or good. Under this definition, it is possible for the names and likenesses of television, film and book characters, fictional settings, or other elements of entertainment products to act as"
"fasteners"" for Velcro brand name hook-and-loop fasteners. Another common practice among trademark owners is to follow their trademark with the word ""brand"" to help define the word as a trademark. Johnson & Johnson changed the lyrics of their Band-Aid television commercial jingle from, ""I am stuck on Band-Aids, 'cause Band-Aid's stuck on me"" to ""I am stuck on Band-Aid ""brand"", 'cause Band-Aid's stuck on me."" Google has gone to lengths to prevent this process, discouraging publications from using the term 'googling' in reference to Web searches. In 2006, both the Oxford English Dictionary and the Merriam Webster Collegiate Dictionary struck"
"convention occurs between the states, for example in Queensland the brand name ""nikko"" has been commonly adopted. The generic terms for fine-tipped markers are usually ""felt pen"" or ""felts"". Large permanent markers are called 'vivids' after a popular brand sold there, the Bic Stephens Vivid The term ""Koki"" is used for both felt pens and markers, by South Africans, as well as the standard ""marker"". In the United States, the word ""marker"" is used as well as ""magic marker"", the latter being a genericized trademark. The word ""sharpie"" is also now used as a genericized trademark. In Canada and the"
"may generally be used by anyone—including other manufacturers—to refer to a product without using some organization's proprietary trademark. Marks which become generic after losing distinctive character are known as genericized trademarks. Abercrombie & Fitch Co. v. Hunting World, Inc. In United States trademark law, Abercrombie & Fitch Co. v. Hunting World, 537 F.2d 4 (2nd Cir. 1976) established the spectrum of trademark distinctiveness in the US, breaking trademarks into classes which are accorded differing degrees of protection. Courts often speak of marks falling along the following ""spectrum of distinctiveness,"" also known within the US as the ""Abercrombie classification"" or ""Abercrombie"
"to refer to the product or service itself and cannot be used as trademarks. In United States trademark law, Abercrombie & Fitch Co. v. Hunting World 537 F.2d 4 (2nd Cir. 1976) established the spectrum of trademark distinctiveness in the US, breaking trademarks into classes which are accorded differing degrees of protection. Courts often speak of marks falling along the following ""spectrum of distinctiveness,"" also known within the US as the ""Abercrombie classification"" or ""Abercrombie factors"": A fanciful / inherently distinctive trademark is prima facie registrable, and comprises an entirely invented or ""fanciful"" sign. For example, ""Kodak"" had no meaning"
"similar"" to the registered trademark. Mark X may share elements of spelling or style that would lead a reasonable observer to believe the trademarks were related. For example, in the computer industry, Microsoft has become such a well known trade name and trade mark that other businesses in the industry may want to use the term ""micro"" or ""soft"" in their names. As Microsoft generally does not hold exclusive rights in these terms, it would need to establish that any trade names or trademarks which include these terms is confusingly similar to ""Microsoft"". The reputation attaching to a trademark is"
"extent, been incorporated by reference in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), concluded in 1994. A trademark is a sign, or a combination of signs, that distinguishes the goods or services of one company from those of another. Such signs may use words, letters, numerals, pictures, shapes and colors, or any combination thereof. An increasing number of countries also allow for the registration of less traditional forms of trademarks, such as three-dimensional signs (like the Coca-Cola bottle or Toblerone chocolate bar), audible signs (sounds such as the roar of the lion at the beginning of"
"through trademark registration - such trademarks are called ""Registered Trademarks"". Advertising spokespersons have also become part of some brands, for example: Mr. Whipple of Charmin toilet tissue and Tony the Tiger of Kellogg's Frosted Flakes. Putting a value on a brand by brand valuation or using marketing mix modeling techniques is distinct to valuing a trademark. Brand names come in many styles. A few include: The act of associating a product or service with a brand has become part of pop culture. Most products have some kind of brand identity, from common table salt to designer jeans. A brandnomer is"
"ChapStick ChapStick is a brand name of lip balm manufactured by Pfizer Consumer Healthcare and used in many countries worldwide. It is intended to help treat and prevent chapped lips, hence the name. Many varieties also include sunscreen in order to prevent sunburn. Due to its popularity, the term has become a genericized trademark. It popularly refers to any lip balm contained in a lipstick-style tube and applied in the same manner as lipstick. However, the term is still a registered trademark, with rights exclusively owned by Pfizer. Its main competitors in the US, Carmex and Blistex, also use the"
"of the United States, and a registration may be challenged and removed if the challenger proves as a matter of fact that the alleged trademark has become generic. To protect the name, their trademark, Johnson & Johnson always refers to its products as ""BAND-AID® Brand Adhesive Bandages"", not just ""Band-Aids"". Manufacturing facilities are located in Brazil, China and Denmark. Band-Aid Band-Aid is a brand of adhesive bandages distributed by the American pharmaceutical and medical-devices company Johnson & Johnson. Invented in 1920, the brand has become a generic term for adhesive bandages in the United States. The Band-Aid was invented in"
"brand dominance might appear to be a desirable goal, overall dominance can be a double-edged sword. A brand name that is well known to the majority of people or households is also called a ""household name"" and may be an indicator of brand success. Occasionally a brand can become so successful that the brand becomes synonymous with the category. For example, British people often talk about ""Hoovering the house"" when they actually mean ""vacuuming the house."" (Hoover is a brand name). When this happens, the brand name is said to have ""gone ""generic""."" Examples of brands becoming generic abound; Kleenex,"
"United States trademark law A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is ""confusingly similar"" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods and services and avoid confusion. United States trademark law is mainly governed by the Lanham Act. Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks"
"a genericized trademark. The extension of protection for geographical indications is somewhat controversial. A geographical indication may have been registered as a trademark elsewhere; for example, if ""Parma Ham"" was part of a trademark registered in Canada by a Canadian manufacturer, then ham manufacturers in Parma, Italy, might be unable to use this name in Canada. Wines (such as Bordeaux, Port and Champagne), cheeses (such as Roquefort, Parmesan, and Feta), Pisco liquor, and Scotch whisky are examples of geographical indications. Compare Russian use of ""Шампанское"" (= Shampanskoye) for champagne-type wine made in Russia. In the 1990s, the Parma consortium successfully"
"connection with sodium chloride. A generic term is not capable of serving the essential trademark function of distinguishing the products or services of a business from the products or services of other businesses, and therefore cannot be afforded any legal protection. This is because there has to be some term which may generally be used by anyone—including other manufacturers—to refer to a product without using some organization's proprietary trademark. Marks which become generic after losing distinctive character are known as genericized trademarks. Marks which are a misspelling of a generic term (e.g., the elimination of a space) do not change"
"products offered by the company - such as chocolate-chip cookies, for example. Brand development, often the task of a design team, takes time to produce. A brand name is the part of a brand that can be spoken or written and ""identifies"" a product, service or company and sets it apart from other comparable products within a category. A brand name may include words, phrases, signs, symbols, designs, or any combination of these elements. For consumers, a brand name is a ""memory heuristic""; a convenient way to remember preferred product choices. A brand name is not to be confused with"
"extensive use in the marketplace (see further below). Lektronic was famously refused protection by the USPTO on ground of being descriptive for electronic goods. A generic term is the common name for the products or services in connection with which it is used, such as ""salt"" when used in connection with sodium chloride. A generic term is not capable of serving the essential trademark function of distinguishing the products or services of a business from the products or services of other businesses, and therefore cannot be afforded any legal protection. This is because there has to be some term which"
"Wordmark A wordmark, word mark, or logotype is usually a distinct text-only typographic treatment of the name of a company, institution, or product name used for purposes of identification and branding. Examples can be found in the graphic identities of the Government of Canada, FedEx, Microsoft, and IBM. The organization name is incorporated as a simple graphic treatment to create a clear, visually memorable identity. The representation of the word becomes a visual symbol of the organization or product. In the United States and European Union, a wordmark may be registered, making it a protected intellectual property. In the United"
"than a dozen strategic considerations. In this case, a strong brand name (or company name) is made the vehicle for a range of products (for example, Mercedes-Benz or Black & Decker) or a range of subsidiary brands (such as Cadbury Dairy Milk, Cadbury Flake, or Cadbury Fingers in the UK). Each brand has a separate name (such as Seven-Up, Kool-Aid, or Nivea Sun (Beiersdorf), which may compete against other brands from the same company (for example, Persil, Omo, Surf, and Lynx are all owned by Unilever). A challenger brand is a brand in an industry where it is neither the"
"in connection with sodium chloride, are not capable of serving the essential trademark function of distinguishing a product or service. This means that generic terms are generally not afforded any legal protection. The Canned Foods, Inc. v. Ult Search Inc. decision specifically deals with a case involving a generic term, ""Grocery Outlet"" and the domain name ""groceryoutlet.com"". The decision contains the key sentence ""Generic terms receive no protection in US trademark law when they are used to label the goods and services that they describe."" Cybersquatting was first used as a legal term in March 1998 by a U.S. District"
"is the use of a trademark as a verb, plural or possessive, unless the mark itself is possessive or plural (e.g., ""Friendly's"" restaurants). However, in highly inflected languages, a tradename may have to carry case endings in usage. An example is Finnish, where """"Microsoftin"""" is the genitive case and """"Facebookista"""" is the elative case. Generic use of a trademark presents an inherent risk to the effective enforcement of trademark rights and may ultimately lead to genericization. The legal team of Velcro created a music video highlighting the tragedy of genericide. Trademark owners may take various steps to reduce the risk,"
"Agreement does not imply that every single country is not able to legislate at national level. Indeed, just like Italy, the U.S. presents its own laws on the field which can be found in Title 15 Chapter 22 on Trademarks of the U.S Code. Supreme case is not the only one, further brands have undergone the same process, i.e. Boy London, Pyrex Vision and Kith NYC. In all these cases both the brand name and logo, the concept and the items themselves were copied from the original company and sold in another country as if they were the original items,"
"name for automobiles has spread to other products such as motorcycles, power equipment, engines, robots, aircraft, and bikes. Co-branding is a variation of brand extension. It is where a single product is created from the combining of two brand names of two manufacturers. Co-branding has its advantages as it lets firms enter new product classes and exploit a recognized brand name in that product class. An example of a co-branding success is Whitaker's working with Lewis Road Creamery to create a co-branded beverage called Lewis Road Creamery and Whittaker's Chocolate Milk. This product was a huge success in the New"
"is registered. Specialized types of trademark include certification marks, collective trademarks and defensive trademarks. A trademark which is popularly used to describe a product or service (rather than to distinguish the product or services from those of third parties) is sometimes known as a genericized trademark. If such a mark becomes synonymous with that product or service to the extent that the trademark owner can no longer enforce its proprietary rights, the mark becomes generic. A ""trademark look"" is an informal term for a characteristic look for a performer or character of some sort. It is usually not legally trademark"