In branding, a trademark is much more than just a logo or a catchy name. It’s a symbol that represents the source and quality of your product, distinguishing it from competitors in the marketplace. However, the way you use your trademark can significantly impact its effectiveness and legal protection.

The Risk of Becoming Generic

A trademark’s primary function is to identify the origin of a product, not the product itself. When a trademark starts being used as a noun or a verb, it risks becoming generic—a fate that has befallen once-distinctive terms like “escalator”, “aspirin” and “photoshop.” Once a trademark becomes generic, it loses its legal protection, meaning anyone can use it to describe their product. This is a serious threat to any brand, especially in a market as competitive as India’s.

The Right Way to Use Your Trademark

To protect your trademark from becoming generic, it’s crucial to always use it as a proper adjective, paired with a generic product name. For example:

• TATA® salt
• TATA® truck
• BISLERI® water
• DABUR® honey

These examples show how the trademark is used to modify the product, clearly indicating that the mark refers to the brand, not the product itself. This approach helps preserve the distinctiveness of your trademark, ensuring it remains legally protected.

A legal review is a necessary step

Given the complexities of trademark law, it’s advisable to have your branding and marketing materials regularly reviewed by legal experts. They can help ensure that your trademarks are used correctly across all platforms; from typography to product packaging to advertising campaigns. This proactive approach can prevent costly legal battles and protect your brand’s reputation.

Why It Matters in India (and Across the Globe)

India’s rapidly growing consumer market presents immense opportunities for brands, but it also brings challenges in protecting intellectual property. As competition intensifies, the distinctiveness of your trademark becomes even more crucial. Proper usage not only strengthens your brand’s identity but also safeguards it from becoming diluted or misused.

Conclusion

Maintaining the correct use of your trademarks is essential for long-term brand success in India. By consistently pairing your trademark with the appropriate generic product name and seeking legal guidance, you can protect your brand from the risks of genericide. Don’t let improper usage weaken your brand. keep your trademarks strong and distinct, and ensure they continue to serve as powerful identifiers of your products.