{IP Law} Seemingly Generic Words That Are Actually Registered Trademarks

For work, I have been researching on how some popular trademarks lose their protection because they have gotten a little too popular to the point of becoming generic. You know how Pinoys are more used to saying "Pa-xerox nga po nito" instead of "Pa-photocopy nga po ito"? Well that's how the trademark "XEROX," which is used on photocopiers, might lose its protection. People no longer see it as a brand, but have come to perceive that it is the generic term for the good it applies to. In my case, I'm guilty of saying "Pentel pen" instead of permanent marker, and "Tupperware" instead of plastic food containers, mwehehe..

Over the few days that I have been researching on the topic, here are some of the brands/trademarks which I came across that have lost their protection because they have become genericized.

The Victims of Genericide (May They Rest In Peace) -

• Aspirin - Generic in the U.S. since 1921, but still a registered trademark of Bayer AG in other countries; Generic name is acetylsalisilic acid.
• Cellophane - A registered trademark of Innovia Films Ltd. but deemed generic in 1936
• Cola - A registered trademark of Coca-Cola Co. until it was deemed generic in 1946
• Dumpster - Dempster Brothers combined "Dempster" and "dump" and came up with the trademark "Dumpster" in 1936. But it has since been genericized, and Dempster Brothers now uses the registered trademark "Dempster Dumpster" to brand their dumpster.
• Escalator — Otis Elevator’s trademark for their moving stairway was deemed generic in 1950.
• Heroine - Originally trademarked by Bayer AG but became generic in 1919.
• Kerosene — Abraham Gesner's trademark for the combustible hydrocarbon liquid he invented.
• Laundromat - Westinghouse’s trademark for their coin-operated laundry shop.
• Lite Beer - Miller Brewing Co.'s registered trademark for it's low-calorie brew was deemed generic in 1978.
• Murphy Bed - Murphy Bed Co. Inc.'s brand for nifty beds that come out of a wall was deemed generic in 1989.
• Shredded Wheat - Kraft's trademark for its whole wheat cereal was deemed generic in 1938.
• Thermos - King-Seeley Thermos Co.’s trademark for its vacuum flask was deemed generic in 1963.
• Trampoline - George Nissen's trademark for the fun contraption was deemed generic in 1961.
• Yo-yo - A registered trademark of Donald F. Duncan, Inc., the Yo-Yo brand was deemed generic in the U.S. in 1965.
• Zipper - A registered trademark of B.F. Goodrich but was deemed generic sometime in the 1920s.

The Endangered Species (Words thought to be generic but are actually registered trademarks, at least so far) -

• Breathalyzer - Registered in U.S. in the name of Robert F. Borkenstein.
• Bubble Wrap - Registered trademark of Sealed Air Corporation in countries like U.S., Canada, Oman, Israel, Singapore for the best stress-relieving product ever invented.
• Crock-Pot - Registered trademark of Sunbeam Products, Inc. for their slow-cooking device.
• Frisbee - Registered trademark of Wham-O Inc. for their flying saucer.
• Hacky Sack - Registered trademark of Wham-O for its footbag used in a kicking game.
• Jacuzzi - Registered trademark of Jacuzzi, Inc. for their whirlpool bath tubs.
• Jet Ski - Registered trademark of Kawasaki Heavy Industries for their personal watercraft.
• Matchbox cars - Registered trademark of Mattel, Inc. for die cast toy cars.
• Memory Stick - Registered trademark of Sony Corporation for its portable digital storage device.
• Onesies - Gerber Childrenswear, Inc.'s registered mark for their infant bodysuit.
• Popsicle - First registered by Frank Epperson for his frozen dessert on a stick. In some countries, such as the Philippines, it is still a registered trademark of Unilever.
• Rollerblade - Registered trademark of Nordica S.P.A. for a kind of inline skates.
• Saran wrap - Registered trademark of The Dow Chemical Co. for their thin, clingy plastic wrap.
• Scotch tape - Registered trademark of 3M Company for their transparent adhesive.
• Styrofoam - Registered trademark of The Dow Chemical Company for their foam insulation, even in the Philippines.
• Tabasco - Registered trademark of McIlhenny Company for its hot sauce.
• Taser - Registered trademark of Taser International for its stun gun. 
• Velcro - Registered trademark of Velcro Industries BV for their fabric hook-and-loop fastener.
• Zamboni - Registered trademark of Frank Zamboni, who invented this ice resurfacer.

Cases:

Dupont Cellophane Co. v. Waxed Prods. Co., 85 F.2d 75 (2d Cir.), cert. denied, 299 U.S. 601 (1936)

Kellogg Co. v. National Biscuit Co., 305 U.S. 111 (1938)

Miller Brewing Co. v. G. Heileman Brewing Co., 561 F.2d 75 (7th Cir. 1977), cert. denied, 434 U.S. 1025 (1978)

Donald F. Duncan, Inc. v. Royal Tops Mfg. Co., 343 F.2d 655 (7th Cir. 1965)

Dixi-Cola Laboratories, Inc., v. Coca-Cola Co., 4 Cir., 117 F.2d 352 (4th Cir. 1941), certiorari denied 314 U.S. 629, 62 S.Ct. 60, 86 L.Ed. 505 (1946)

Nissen Trampoline Co. v. American Trampoline Co., 193 F. Supp. 745 (S.D. Iowa 1961)

Bayer Co. v. United Drug Co., 272 F. 505 (S.D.N.Y. 1921)
Haughton Elevator Co. v. Seeberger, 85 U.S.P.Q. 80 (Comm'r. Pat. 1950).