Investigating Genericide

A Guide Through the Legal Jungle Trivia Question

Generic terms do not qualify for trademark protection. Sometimes distinctive terms become generic and lose their trademark status (“genericide”). Which of the following were once distinctive, and have experienced genericide?  Choose all that apply.

1. Cellophane
2. Escalator
3. Band-Aid
4. Kleenex
5. Chapstick
6. Aspirin

The correct answers are A, B, and F. Cellophane, Escalator, and Aspirin were once trademarked names and have become generic terms, losing their trademark status. Band-Aid, Kleenex, and Chapstick all are still valued as trademarks. Google is another trademark that may eventually succumb to genericide.

(This trivia question was contributed by Colleen Mulcrone, 2009 JD Candidate, American University, Washington College of Law)