The main purpose of a trademark is to indicate the business origin of a product or service and to differentiate it from others on the market. However, over time, it may lose its distinctive character and become a term in common use. Therefore, when it becomes a generic name, the owner of the trademark will no longer have intellectual property rights over it.
This phenomenon is classified as trademark vulgarization, and it is a risk that weakens not only the distinctiveness of a trademark, but also its advertising value and sales force. A clear example is the use of the term “Jacuzzi” to define a hot tub, when in fact it comes from the Jacuzzi Inc. brand. Therefore, this brand is being used as a noun in popular slang and not as a distinctive sign.
Thus, brands that mutate into signs of common usage may be subject to cancellation or limitation of their trademark rights. However, to avoid such a situation, it is recommended to: 1) add the symbol ® after the trademark, which stands for ‘registered trademark’, 2) create advertising campaigns that inform consumers about the commercial nature of a distinctive sign, and 3) take action against competitors who use a particular trademark as a generic designation for a product or service.
