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S1 E43 The Escalator Trademark story How to lose a trademark


“Escalator” was once a brand, but it is now a generic term. Learn how a company lost its trademark and how to prevent it from happening to your brand. Trademark genericide occurs when a brand name becomes so commonly used that it transforms into a generic term. The example of "Escalator" illustrates this phenomenon. Originally, it was a trademarked brand name for a moving staircase, exclusively associated with the Otis Elevator Company. However, over time, the term became so widely used that it lost its trademark status and turned into a generic term used by people to refer to any moving staircase, regardless of the manufacturer. As a small business owner, you must take proactive steps to prevent your trademark from suffering the same fate: Educate yourself: Understand the concept of trademark genericide and its potential consequences for your brand. Recognize that even the most successful and iconic brands can fall victim to genericide if not properly managed. Choose a distinctive mark: Select a unique and memorable trademark that stands out from generic or descriptive terms. A strong and distinctive mark is less likely to become generic over time. Properly use your trademark: Use your trademark consistently and correctly as an identifier of your brand and its offerings. Promote your mark as a brand name rather than as a generic term. Monitor and enforce your trademark: Keep a close eye on how your mark is being used in the marketplace. Take swift action against any unauthorized or improper use of your trademark to prevent it from becoming diluted or genericized. Public awareness and education: Proactively communicate the association between your brand and your trademark. Educate the public about the distinction between your brand and the generic term for the product or service. Use marketing and advertising campaigns to reinforce the unique identity of your mark. Consult with a trademark attorney: Seek guidance from a trademark attorney who can assist you in registering your mark, navigating legal complexities, and developing a comprehensive trademark protection strategy. They can help you understand the risks of genericide and advise on proactive measures to safeguard your brand. Do this now! Assess your current trademark usage and strategy. Schedule a consultation with the Host of this Podcast, Wayne Carroll to ensure your mark is distinctive, develop a strong protection plan, and take steps to avoid the risk of genericide. By actively managing your trademark, you can maintain its distinctiveness, protect your brand's identity, and secure a strong position in the marketplace.


BIO: Wayne Carroll is a highly experienced intellectual property lawyer with over 15 years of experience. He holds a Juris Doctor degree with a concentration in Intellectual Property Law from Suffolk University Law School, as well as an undergraduate degree in Electronic Engineering Technology from DeVry University. Wayne is the CEO and Attorney at Inspired Idea Solutions, LLC, a firm he founded in 2013, where he specializes in patent strategy, patent prosecution, trademark strategy and registration, and copyright litigation.


In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or [email protected]. You can also connect with Wayne on LinkedIn.


Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.

Episode link: https://play.headliner.app/episode/15...