"Tempo" – trademark or generic word?
"Can you pass me a Tempo?" – in everyday life the brand name has long stood for the whole product category. And that is precisely a double-edged sword for owners.
What is it about?
"Tempo" is a registered trademark for paper tissues. In German-speaking usage, however, the name is often used as a synonym for any paper tissue – regardless of the manufacturer.
This is not an isolated court case, but a linguistic development. It illustrates well what genericisation means: the brand name risks losing its function as an indication of origin.
Market leadership can become a trap
If a brand name becomes the everyday word for the product, this can weaken protection in the long run – the name then seems only to describe the product.
What you take from it
Successful trademarks must actively maintain their distinctiveness: use and mark the name consistently as a trademark, not as a product designation, and act against generic use by third parties.
The basis for this is noticing developments and new filings around your own trademark.
Note
"Tempo" is and remains a protected trademark; this article illustrates solely the phenomenon of genericisation in everyday usage, not a court judgment.
Maintain the strength of your trademark
Activate free basic protection and keep an eye on your trademark environment.
This article is for information and does not constitute legal advice.