What Happens When a Trademark Becomes Generic? Genericide and Prevention

Trademark genericide is the process by which a mark comes to be used as the name of the product or service itself and loses its distinctive power. Under Article 26/1-b of Industrial Property Law No. 6769 (SMK), a trademark that has become the common name for the goods or services for which it is registered, as a result of the owner's acts or failure to take the necessary measures, is revoked by TÜRKPATENT (Turkish Patent and Trademark Office) upon request. Success alone is not the problem; the problem is standing by while the mark turns into a product name.

What follows covers the conditions for revocation on the ground of genericide, how it differs from invalidation and refusal, the right to correct dictionaries, well-known examples from around the world and the concrete measures that keep a mark from turning into a common name, closing with a checklist.

What Is a Generic Trademark?

Genericide means that a sign which originally distinguished the goods of a particular business comes, over time, to be perceived as the general name of that type of goods. Turkish lawyers usually describe it as the mark "becoming a common name" (yaygın ad hâline gelme). The end result is that when consumers hear the mark, they think not of a producer but of the whole product category.

This concept is different from signs that are generic from the outset. The word "coffee" can never be a trademark for coffee; SMK Art. 5/1-c excludes signs that indicate kind and characteristics, and Art. 5/1-d excludes signs that are customary in the trade. A trademark that becomes generic, by contrast, is distinctive on the day it is registered; it loses its distinctiveness later, often as a side effect of too much success.

In short, a generic trademark may still be on the register as a matter of law, yet it has begun to lose its function. It is only removed from the register following a revocation request and a decision of the Office.

The Legal Consequence of Genericide: Revocation Under SMK Art. 26/1-b

A trademark that has become a common name is revoked by TÜRKPATENT at the request of interested parties. Since 10 January 2024, revocation requests have been filed with the Office rather than with the courts; the general procedure is explained in our article on trademark invalidation and revocation. For a revocation decision on the ground of genericide, three conditions follow from the provision:

1. Becoming a common name: The sign must be used in the relevant circles as the general name of the product type.
2. In respect of the registered goods or services: The assessment is made for the goods and services for which the mark is registered; everyday use in unrelated fields is not decisive.
3. As a result of the owner's acts or inaction: The law requires causation. An owner who uses the mark as a generic name itself, or never reacts to widespread generic use, is at risk.

The third condition gives the owner its strongest defense. An owner who can document that it took reasonable measures may argue that one of the conditions for revocation is not met, even if it could not stop the usage spreading in everyday language on its own.

Who Can File, and How Does the Owner Respond?

Under SMK Art. 26/2, interested parties may ask the Office to revoke the mark; such requests typically come from competitors selling the same product who want to use its name freely. The request is served on the trademark owner, who under Art. 26/7 submits evidence and a response within one month; if asked within that period, the Office grants an extension of up to one month. The Office decides on the file.

Under the TÜRKPATENT 2026 trademark fee schedule, a revocation request involves a trademark revocation fee of TRY 35,320 (item 02.01.30) and a revocation request deposit of TRY 35,320 (item 02.01.31). Current amounts should be checked against the TÜRKPATENT fee schedule, which is updated every year, and official fees do not include attorney service fees.

From When Does the Decision Take Effect?

Under SMK Art. 27/2, a revocation decision takes effect from the date on which the request was filed with the Office. On request, it may also be decided that the revocation takes effect from an earlier date on which the ground for revocation arose. If the ground concerns only some of the goods or services, Art. 26/5 limits the decision to partial revocation for those items.

Genericide vs. Invalidation vs. Refusal: What Is the Difference?

The generic-name problem follows a different legal route depending on the stage in the life of the mark at which it arises:

The last row is genericide in reverse: a descriptive word can, through intensive use, come to call a single business to mind. How that process is proven is covered in our article on acquired distinctiveness. Both processes ask the same question: does the consumer see this sign as a source, or as the name of a product?

How Is "Becoming a Common Name" Assessed?

The SMK does not list the criteria for becoming a common name one by one; the assessment is made on concrete evidence. The indicators that stand out in practice and in legal literature are:

• Perception of the relevant circles: Whether consumers and trade circles in the same sector link the sign to one producer or to the product type.
• Use by competitors: Whether other producers use the sign as a product name when promoting their own goods, and how widespread that use is.
• Dictionaries, press and public sources: Whether the sign appears in lower case as a generic term in dictionaries, news, public tenders or standards.
• Availability of an alternative generic name: If the product has a widely known name independent of the brand, a genericide claim is weaker.
• The owner's own language: The owner using the mark as a noun or a verb in its advertising is the most dangerous evidence, because it strengthens the claim.
• The owner's reactions: Warnings sent, oppositions filed and correction requests made are the basis of the defense against the "failure to take the necessary measures" condition.

These indicators are the evidence list for both the attacker and the defender. The practical lesson for the owner is clear: your own communications and reactions are the evidence on file that you control most easily.

Well-Known Examples from Around the World and Everyday Language

The examples most often cited in genericide discussions are words that were once a particular producer's trademark and are known to have been accepted as generic names in various countries: aspirin, escalator, thermos and yo-yo are the best known. Aspirin is also instructive in another way: it is known to be treated as a generic name in some countries while continuing to be protected as a registered trademark in others. In other words, the outcome can differ from country to country.

The common thread in these examples is clear: a new product category, the absence of an established generic name for that product, and the brand entering circulation as the product's name.

In Turkish, too, people often use brand names as product names in everyday speech, for example saying "selpak" instead of paper tissue or "rimel" instead of mascara. This observation does not mean that those trademarks are legally generic. The legal consequence arises only from a revocation request, a review of evidence and a decision of the Office; everyday language alone does not change the register.

The Right to Correct Dictionaries and Encyclopedias (SMK Art. 8)

SMK Art. 8 gives the trademark owner a special tool against genericide. If a registered trademark is published in a printed or electronic dictionary, encyclopedia or other reference work in a way that gives the impression of a generic name, without indicating that it is registered, the publisher must, at the owner's request, correct the error or remove the mark from the work. The right is exercised as follows:

1. Documentation: The entry in which the mark appears as a generic term, the edition details and the date are recorded.
2. Written request: A correction request is sent to the publisher together with the registration details.
3. Form of correction: The publisher either corrects the entry by stating that the mark is registered or removes the mark from the work.
4. Timing: For works offered electronically the correction is made immediately; for printed works, in the first edition following the request.
5. Archive: The request and the outcome are kept on file; they later serve as proof that measures were taken if a revocation request is filed.

The scope of the right is limited to reference works. This special mechanism does not apply to news websites or social media; there, written warnings and, where necessary, claims based on the trademark right come into play.

How Can You Protect Your Trademark from Genericide?

The most effective protection against genericide is to remind the audience, in every use, that the mark indicates a source. The following five habits do exactly that.

Use the Mark as an Adjective, Together with the Generic Name

Use the mark not as a noun or a verb but as an adjective describing the product, and write the product's generic name next to it. For a hypothetical coffee machine brand, "KAHVEVA espresso machine" is correct usage, whereas "I bought a KAHVEVA" or "to kahveva" is risky. If you are creating a new category, also give the product an easy-to-say generic name that is independent of the brand; if you do not offer consumers another word, they will use your brand as the product name.

Use the ® Symbol and a Registration Notice Consistently

The ® symbol and a notice such as "… is a registered trademark of …" remind readers that the sign belongs to a business. For the correct placement rules and the risk of using ® on an unregistered mark, see our guide to the correct use of the ® and ™ symbols.

Monitor the Market, the Bulletin and Publications

Regularly monitor how competitors, e-commerce listings, dictionaries and trade publications use your mark. A trademark watch service, which catches applications in the Official Trademark Bulletin that contain your mark, also creates a dated record showing that you took measures.

Respond in Writing to Spreading Misuse

When you find that a competitor or a publisher is using your mark as a product name, send a written warning; if commercial use continues, consider a formal notice. For content and risks, see our guide to the trademark cease-and-desist letter. Second-hand sales of your product or the resale of genuine goods, on the other hand, are usually not generic use but legitimate use; the boundaries are covered in our article on trademark exhaustion.

Prepare an Internal Trademark Usage Guide

Write a one-page guide for marketing, sales, customer service and agencies: how the mark is spelled, which generic name accompanies it, prohibited uses and the ® rule. In multi-brand structures, this guide should be part of your trademark portfolio management routine.

Genericide Risk Checklist

Review the following list once a year, and especially when entering a new product category:

• Does the product have a generic name independent of the brand, and is it used in communications?
• Does the mark appear as a verb or a plural noun in advertising and on packaging?
• Are the ® symbol and the registration notice consistent across the website, catalogs and packaging?
• Do dealers, distributors and licensees use the mark in line with the guide?
• Are competitors listing their own products under your brand name on marketplaces?
• Does your mark appear in lower case as a generic term in dictionaries, encyclopedias and trade publications?
• Has every misuse identified received a written response, and has it been recorded?
• Are applications in the Bulletin that contain your mark as a generic term being monitored?
• Are the reputation evidence needed for a well-known mark claim and the records of measures taken kept in the same archive?
• Has the risk of the mark being perceived as a product name in the local language of foreign markets been assessed?

Reputation and genericide risk often grow together in the same brand. How recognition is documented, and how protecting the mark affects that status, is explained in our article on the well-known trademark.

What Should You Do If You Face a Genericide Claim?

Once a revocation request is served, the one-month response period runs out quickly, and the defense rests on records kept in advance. A strong response is usually built on four pillars: evidence that the relevant circles still associate the mark with a source, examples showing that a generic name independent of the brand is widely used for the product, documents proving the measures the owner has taken over the years, and a partial defense arguing that the claim concerns only some of the goods or services.

A request for an extension is often necessary to gather records spanning many years. At this stage, legal support to protect your trademark rights ensures that the evidence is matched point by point to the conditions for revocation and that the possibility of partial revocation is managed.

Conclusion: Key Takeaways

• A generic trademark is a mark that has started to be used as the common name of a product; it can be revoked by TÜRKPATENT under SMK Art. 26/1-b.
• Becoming a common name is not enough on its own for revocation; it must result from the owner's acts or failure to take measures.
• A sign that was already generic on the filing date is refused or invalidated; genericide after registration is a matter of revocation.
• SMK Art. 8 grants a right to have generic impressions corrected in dictionaries and encyclopedias.
• The most effective protection is adjective use, use together with the generic name, the ® symbol, monitoring and a consistent record of written responses.

Shall We Assess Your Trademark's Genericide Risk Together?

Let us review your advertising language, marketplace listings and how publications use your mark, and report the risky uses and the priority measures. To request an assessment, simply send us your trademark and field of business via our contact page.