Generic Trademark Fairy Tales
by Adrian Hanft, (15 comments)
Once upon a time there was a terrible monster called the generic trademark. The traditional nursery rhyme goes like this: If your brand’s name gets accepted into the general public’s vernacular, the value of your brand will be less than spectacular. Ok, I made that up, but you have heard this before, right? When people call Puffs tissues “Kleenex” the brand name “Kleenex” is pretty much worthless. Or so they say. This is usually considered a tragedy and sometimes the word “genericide” is smugly whipped out as if the death of a brand is comparable to the elimination of an entire race. Like some sort of branding ambulance chasers, there is an entire industry of lawyers, consultants, agencies, king’s horses and kings men that survive by assigning dollar amounts to brand names. According to the experts, the name “Coca-Cola” carries a humpty dumpty pricetag of over $60 billion! The at&t romance novel has so many chapters that the only consistent thing of value has been its name. It is said that the generic trademark monster has swallowed entire corporations whole and fear of the beast regularly sends corporate executives fleeing in terror. What if the generic trademark tale was an imaginary boogie man hiding under your bed? Let me use the iPod to illustrate my bedtime story…
The unlikely hero, the iPod gets mentioned regularly in generic trademark conversations. The word “iPod” has come to describe all mp3 players. It is part of the English language. Therefore, “iPod” is a generic trademark. You can argue that if you want, but it is true. Once you accept that you have to ask the question, “Why hasn’t this hurt Apple?” If iPod is a generic trademark then shouldn’t it be suffering all the negative side effects that come with that dubious title? Somehow Apple has survived. In fact, they have thrived as if they were covered in magical pixie dust. Doesn’t this prove all the genericidal activists wrong?
First let’s tackle the obvious. Why doesn’t it hurt Apple when another brand of mp3 gets called an iPod? Answer: Apple is the best product on the market. When you say “look at my iPod” and you whip out a Zune, everybody knows it isn’t a real iPod, and they might just laugh at you. The Zune isn’t inferior to the iPod because of its name, it is just an inferior product. It is a big bad wolf dressed up in ugly duckling clothing. The name has nothing to do with it. If Apple had chosen the name Zune for their mp3 player Apple would still be the hottest princess at the ball. I am not saying that there isn’t value in a good name, but the real value is in the product itslef. As long as Apple makes the best products they don’t have to worry about any negative effects of a generic trademarkicide™. The same can be said about Kleenex, Xerox, Band-Aid and any other generic trademark that finds themselves lost in the dark side of the forrest.
A generic trademark only becomes a liability after you no longer have the best product. If a better iPod than the iPod is created by somebody other than Apple, the iPod will be in real trouble. Just don’t think for a second that a generic trademark had anything to do with it.
The people that get caught up with generic trademark fears are the same people who put way too much emphasis on the names of things. These might even be the same people who put too much importance on a logo. That’s right I am talking about designers. We love to point out the success of companies who use design well. We fool ourselves into thinking that companies like Nike or Target were catapulted to dominance on the wings of design and clever names alone. The truth is that if you could strip away the great design these companies would still be remarkable. Sometimes we look at the past and forget how funny the word “iPod” or “blog” sounded the first time you heard it. Did you really love the Nike logo before you fell in love with the Nike brand? Target’s logo was around a long time before it really got used well.
Why do we do this? Why do we repeat fairy tales about how design has the magical ability to turn an ugly duckling into a prince charming? I think the reason is because we want it to be true. Most of us are working for used car salesmen or designing flyers for butt cream. In order to make it through the agony of our situation we tell ourselves a Cinderella story. If I could design this box of dog biscuits really really well then I could make a difference. The AIGA jury will fall in love with me and fill my castle with gold awards. With a great logo and a better name, Bob’s Electronics could really be something special because underneath those warts is a swan. Eventually we grow out of our bedtime stories and realize that design isn’t a magic wand. The moral of the story is that your mom was right. It is what’s inside that counts. Without a remarkable company underneath, design is the emperor’s invisible clothes. Everybody can see the wrinkly old man beneath the Photoshopped exterior. Remember that and we will all live happily ever after. The end.

Comments (15)
Kevin McCauley said:
“The word “iPod” has come to describe all mp3 players. It is part of the English language. Therefore, “iPod” is a generic trademark. You can argue that if you want, but it is true.”
Ok, I will argue this. Generic trademark and “describing all MP3 players” are two different things. It is true that the name “iPod” is used to describe most MP3 players but that’s because most MP3 players are iPods — 60% of them sold. But I have never, ever seen, or even heard an anecdote about somone pulling out a Creative Zen iRiver Rio 3.0 and calling it their “iPod.” Here’s one good reason: the only people that buy a Creative Zen iRiver Rio 3.0 are the stuck-in-the-90s, Staunchly-Against-Apple types who would never claim to own an iPod. (You know the type.)
It is true that Apple’s success is having the best product- but having the best name (iPod) reinforces it two fold. If someone else were to make a better MP3 player (or a better iPod as you say), and Apple were to just stop trying, it would still take two years before any noticeable number of people would make a switch, because Apple has the name. Having a great product brought Apple to the top of the MP3 market. But having a great name keeps them there.
I see where you are going about the Kleenex/generic trademark vs. the Designer’s Perception, but I think the iPod is a bad place to start with. It is a valid and often overlooked point that a good product can stand on its own, regardless of its name and logo. Perhaps I’m the one that’s out of line here— the iPod/Apple in is such a perfectly-intertwined combination of product and name. Look no further than the already-massive hype for the iPhone- people are excited that it will be a fantastic product like the iPod. But if it were being built by Samsung… I somehow doubt it would already be a household name.
Posted on January 19, 2007
televator said:
I agree completely with the above poster. With the exception of my 80 yr old grandfather, I have never heard anyone refer to a different mp3 player as an iPod. I have heard its generic use instances such as “feel free to listen to your iPod while sitting at your desk,” but this is because it is assumed that you either have a real iPod, or that that is what you want, because that IS what most everyone wants.
Kleenex and Band-Aid are so generic because their competition is IDENTICAL to their product (at least, for all practical purposes). MP3 players are not. If Kroger, Wal-Mart, Samsung and Microsoft came out with MP3 players that looked exactly like the iPod, then you would see the same generic use of the name. But I imagine that scenario won’t happen anytime soon, what with lawyers and all.
Posted on January 19, 2007
adelie said:
Adrian, I mostly agree with your post, except when it comes to Target. Yes, Target’s logo has been around for a long time, but in general I would say that Target really was “catapulted to dominance on the wings of design”. Before Target started hiring designers and being very stylish, they weren’t any better than Wal-Mart, K-Mart and such. It was the design that made them stand apart.
Posted on January 19, 2007
Bennett said:
Not that I am going to totally agree with Adrian on this, but Craig Ferguson might be proving a bit of his generic trademark/iPod idea. He says something like “(The Zune) is trying to loosen the iPod’s strangle hold on the iPod market.”
I think the only people that refer to all MP3 players as iPods are those that hardly know what an MP3 player is. Another good example of Adrian’s generic trademark argument, is the term podcast. With that said, iPod has a long, long way to go until it becomes as generic as Kleenex and Band Aid.
Posted on January 19, 2007
Douglas d'Aquino said:
generic trademarkicide™
or, in the words of snoop dogg
“trademarkicizle” haha
great article man, i completly agree with you. You can’t build a legend only with design. It’s necessary to change (or make from the beginning) all the behaviour of the company, the employees and the CEO’s (and etc) to achieve this goal.
That’s why iPod (and Apple) works… that’s why Nike and Target and Starbucks works too
Posted on January 19, 2007
psesko said:
I believe that when a brand name becomes part of the vernacular to refer to all similar products in the same category, it becomes more valuable. For instance when people call Puffs tissue Kleenex, I believe that the Puffs name is what becomes worthless. Kleenex owns the tissue maket in the minds of consumers and that makes it more valuable.
Same thing with other brands that have become the actual category itself. People dont ask for a bandage, they ask for a Band-Aid. People dont ask for a cola, they ask for a Coke. People dont ask you to copy something, they ask you to Xerox it.
So even if someone uses the word Kleenex in place of a tissue and they are actually using Puffs or some other brand, kleenex benefits because in the mind of the consumer Kleenex is the category.
In the case of Apple (and others like Q-Tip, Band-Aid, kleenex, etc) They were the first ones to create their product and basically created the category which is often why many use the brand name for the entire category. They also have clever names but more importantly, they all have superior products to back it up.
Sorry for the rambling I hope i get my point across.
Posted on January 19, 2007
Tom said:
I would like to take a second to be someone who is going to agree with Adrian.
I have heard many people refer to a misc MP3 players as an iPod. In fact one person I work with did, then within a minute shouted over his cubicle some comment about how it was a real iPod, he was too poor for that.
I would also argue that it isn’t the iPod name itself that will hold the iPod as the winning MP3 player even if it were to fall behind. Americans in particular are slow to forget a loss in quality and functionality, a perfect example of that is the Automotive Market. American cars were behind in technology, reliability and often times design for 10-15 years before the market really started to show a strong shift.
iPod being the best product has kept it at the top, but if it fell to being among the lesser products they could still have a huge following based on the memory of what it was.
Also, I don’t think it was the design that made Target stand apart solely. There was a big shift in the type of retailer they chose to be. Not only did they start to actually embrace design, but they also changed the type of product they carried and the type of customer they were going after. Target made a big shift as a company, and that made them stand apart. Design was an important part of that shift, but not the only part.
Posted on January 19, 2007
Adelie said:
Tom,
I guess what I was trying to say is that I think Design enabled that shift. I don’t think their shift could have been effective without first embracing design.
Posted on January 19, 2007
Peter Marquardt said:
One thing that concerns me about your article is the bashing of hope in the last paragraph.
Yes. Designing a great identity for an unattractive company is like putting makeup on the pimply school girl who can’t get somebody to invite her to the prom. So for now I agree with the ugly duckling thing.
However you’ve all seen how styling can bring out a lot of otherwise hidden and probably unthought of genuine beauty. As little as a hair cut can change a lot for the observer but also for the person itself in terms of body language and self awareness.
First and foremost design is of course important since it draws people’s attention to a hopefully great company or product. That first impression has always been and will always be the most important way for most persons to find their way towards a goal in a competitive environment, whether that is the pet food isle, a shoe store or the supermarkets in a city. People decide whether they will investigate further (i.e. read the dog buiscuits box, try on a shoe or walk into a store) or if they’ll continue looking for now. In the end what lies beneath will close the deal or not, but our job as designers is to make people consider looking further into something rather than the others, ideally in an honest and modest manner.
The second really important thing to note here is, that just like people’s behavior can be affected by their appearance, a company’s self awareness (and the employees’ awareness of the company) can be greatly changed and aided by design. So while you might not turn an ugly duckling into a swan it’s a crucial step for getting a company to think about themselves and how they want to create an all-encompassing customer experience that’s not limited to the looks. I’ve seen design introduce culture into companies and it’s beautiful.
So who knows, eventually the duckling might just grow into a swan. Not right away, but maybe sooner than otherwise.
On a side note: I get the feeling that design that wins awards is often more appealing to designers than it is to the average joe. It looks good but does it work? Keep that in mind the next time you whip out your iNapkin.
And now feel free to flame me
Posted on January 19, 2007
Adrian said:
Great comments, everybody.
Peter, you won’t get any flaming from me on that one. I know that last paragraph is more cynical than I usually am on this subject. Hopefully I didn’t give the impression that I don’t think good design isn’t crucial for products like butt cream or dog biscuits. (Please read my manifesto or my Walmart rant to fill in the blanks on my thoughts there). The point I failed to make was that I think we talk too much about Apple and Nike in design terms only. That is only telling part of the story. The other end of the spectrum is the stuff you mention that is all design and no substance that wins awards but doesn’t appeal to the average joe. Both are equally bad.
Posted on January 19, 2007
Dan said:
Adrian you make some valid points - but miss a few things- I’d like to point out this link - which explains and provides a database of American Proprietary Eponyms. It would have been good reference to better explain exactly what it IS when a brand name or trademark becomes used as the reference term for a product. It IS what that brand name is derived from and then assumed as the default ‘product name’ for all products -like the iPod/mp3 debate- I note that the iPod it not (yet) listed. But you might have a point it could be in the future.
Also Coca-Cola is not exempt -early on it foolishly split ‘coca & cola’ in an advert (which was in two columns) the TM was then left only protecting the coca which allowed for the cola to become associated with other brands- generic in your words.
And what you finish with examples of, is a different ‘design’ than what creates ‘Eponyms’ -graphic design, etc. wont create ‘generic brands’ -great product design will and that is why it has not hurt Apple :) They have suitable patents and protection in place to try and stop exact replicas - but obviously not enough if you look at the iPhone and other ‘i’ products trying to cash-in on the success of a strong brand name.
Posted on January 19, 2007
Dan said:
In a quick follow up: The minute a brand name becomes a noun and not a proper adjective - it is consider an Brand Eponym -more about it on the above link- which ad’s more fuel to your argument Adrian :)
Posted on January 19, 2007
Adrian said:
Thanks, Dan. Another good read is the generic trademark entry on Wikipedia. It lists the iPod as a mark which has been registered as a trademark, and is also commonly used generically.
Posted on January 19, 2007
Brady D. Gurganious said:
As a high school teacher (and one who does not own an mp3/ipod player), the term iPod is used in place of mp3 player. I myself made the mistake of doing this until recently and students do this all the time and don’t really care about it either.
Posted on January 23, 2007
MADPHILL said:
2 things.
I tend to agree with psesko. If your brand is accepted isn’t that the ultimate goal? I mean the idea of branding is to stamp the idea of your company/product into someone’s sub-conscious, so isn’t that a good thing if you are the generic brand?
I do agree, however, that the company has to continue to be competitive and advertise to sustain that loyalty, but I see it as a good thing.
2nd: I think you have made valid points about the design for car salesmen etc. Loved this, “With a great logo and a better name, Bob’s Electronics could really be something special because underneath those warts is a swan.”
We all know that design isn’t a fix-all. We also know that exposure and great products matter a lot too, but this seems to make a case against design not for it. I run into that frequently in meetings with clients who are doing well in their business, so in their words, “why do I need to pay all this money when we’re already succeeding?”
It sends deep shutters through the core of me to begin answering this question every time. I believe in the value of identity and brand loyalty, but explaining to a successful business owner why they need to re-work their collateral or even worse their identity is HARD AS HELL.
I’ve been on an endless search for marketing research and case studies to prove my point. To prove that in a controlled environment (as much as it can be anyway) with the same product and the same advertising budget and the same demographic…great design took it up a notch. I have yet to find this information or proof.
Posted on January 26, 2007