A Slippery Slope Towards Trademark Genericization

Source: BJ’s Flyer

“The Only Bag You Ask For By Name.” This is true in our household. Ziploc means plastic storage bag.

Also in our house, Thermos means vacuum flask, Dry Ice means solid carbon dioxide and Trampoline means rebound tumbler. The difference? All of those words were at one time trademarks, but those brand names were declared genericized and trademark protection was lost.

Ziploc is walking along a slippery slope here. If I were a competitor, I would argue that Ziploc is genericizing itself by declaring that the equivalent of “plastic storage bag” is Ziploc.

According to an article in the Intellectual Property and Computer Law Journal, genericization occurs when “…a trademark reaches an extreme level of popularity and consumers begin using it as a substitute term for an entire category of goods or services.   The continued use of famous brands as generic terms then results in a mark owner’s loss of exclusive rights to the trademark and its registration with the USPTO.” (Individual citations are detailed in the article: https://ucipclj.org/2024/05/22/dont-say-kleenex-the-consequences-of-genericized-trademarks/).

I’m sure Ziploc has their ads reviewed by counsel, right?