Aspirin: When a Trademark Becomes a Generic Name

Trademark dilution is a risky phenomenon… as was discovered by Bayer, which...

Trademark dilution is a risky phenomenon… as was discovered by Bayer, which held the rights to the registered trademark “Aspirin”.

Bayer’s brand was protected at the beginning of the 20th century. Everything changed after the First World War, when Bayer lost its rights to the trademark in markets including the USA, the UK, France and Russia.

From that moment on, “aspirin” began to take on a life of its own – consumers and competitors used the name to refer to the product itself, rather than a specific brand.

Consequently, in many countries, the word “aspirin” ceased to function as a trademark and became the generic name for a painkiller.

This is a classic example of how fine the line is between a strong brand and its… loss.

So remember – recognition is not enough; if a brand starts to replace the product name, it may lose its protection.

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