An Empirical Linguistic Study on Trademark Genericization — The Association Specialists

An Empirical Linguistic Study on Trademark Genericization (20429)

Mami Gosho 1
  1. Mejiro University, Shinjuku-ku, Tokyo, Japan

This study employs a linguistic perspective to examine the methodology for establishing the phenomenon known as 'Trademark Genericization' or 'Genericide' by investigating language usage through a consumer survey. Genericization pertains to the process by which words initially designated as trademarks lose their exclusive status and evolve into common terms (generic expressions) denoting a general product or service (e.g., "escalator," "aspirin"). When a term undergoes genericization, it forfeits legal trademark protection, rendering the determination of genericization a pivotal concern for stakeholders.

In the U.S., where the decision of whether a term has undergone genericization relies explicitly on its "primary significance" to the "relevant public," empirical methods such as consumer surveys have been effectively employed to assess consumer language knowledge and usage (e.g., Simonson 1994). In contrast, in Japanese practice, there is a limited use of empirical methods, as highlighted by Inoue (2018), resulting in the absence of well-established methodologies. While the genericization of trademarks has economic implications such as protecting trademark owners' interests and promoting competition, it primarily occurs in consumers' everyday language. Therefore, integrating consumer linguistics into legal decisions on genericization is crucial.

This study expanded on Simonson's (1994) empirical research by conducting online surveys to assess genericization from the perspective of consumers' language use. Our survey investigated potential cases of genericization in Japanese trademarks (e.g., "Seirogan," "Roomba," "Band-Aid"). The results revealed notable usage discrepancies, underlining individual differences in linguistic knowledge, and a consistency between personal introspection and standard usage. This insight enhances our understanding of the linguistic knowledge measurable through consumer questionnaires.

 

Simonson, I. (1994). An empirical investigation of the meaning and measurement of genericness. The Trademark Reporter, 84(2), 199

Inoue, Y. (2008). Futsuumeishousei no Risshou to Anketo Chousa America deno Giron wo Sozai ni. Chitekizaisanhouseisakugakukenkyu. 20, 235-263