"Aspirin" as a generic term
Sometimes a trademark falls victim to its own success: if the name becomes the everyday word for the product, loss of protection looms – this is genericisation.
What was it about?
"Aspirin" is originally a Bayer trademark for acetylsalicylic acid. In some countries, however, the name became the everyday synonym for a painkiller tablet – with consequences for trademark protection.
In the United States, "aspirin" was classified as a generic term by a court as early as 1921, thereby falling into the public domain. In Germany, Switzerland and many other countries, Bayer was by contrast able to defend the trademark – there, only the original may be called "Aspirin".
Different protection by country
Generic in the US, UK and France – still a protected trademark in Germany and Switzerland. The same name, very different protection.
What you take from it
Market leadership can become a trap: if the brand name colloquially becomes the product name, protection is diluted. Owners react actively – for example by always marking the name as a trademark and acting against generic use.
This presupposes noticing problematic developments and filings – that is, monitoring.
Sources
US judgment Bayer Co. v. United Drug Co. (1921); trademark history documented notably by the DPMA and in the specialist literature.
Protect the value of your trademark
Activate free basic protection – to spot developments early.
This article is for information and does not constitute legal advice.