Avoiding Genericization: Tips for Maintaining the Distinctiveness of Your Trademarks

If you own a brand in the Philippines, you’ve probably worried about two things: someone copying your work or your trademark losing its strength over time. While most people focus on infringement cases, there’s another silent danger—genericization.

This happens when your brand name becomes so popular that people start using it as the everyday word for a product. Sounds flattering at first, right? But in the eyes of the Intellectual Property Office of the Philippines (IPOPHL), it could actually mean the end of your exclusive rights.

What Does Genericization Mean?

Genericization (or genericide) is when a trademark stops pointing to a single source and instead becomes the generic word for a product category.

A few local examples:

• Many Filipinos say “Colgate” when they mean toothpaste—whether or not it’s actually Colgate.
• “Xerox” is often used as a verb (“to xerox”) when people just mean “photocopy.”

If IPOPHL finds that your mark has become generic, you risk losing the very protection you worked so hard to get.

A Real Case in Point

In Zuneca Pharmaceutical v. Natrapharm (G.R. No. 252194, 2020), the Supreme Court stressed that trademarks only work if they identify the source of a product. Once the public starts treating a mark as just a category name, the owner risks losing exclusive rights.

That’s why IPOPHL refuses to register marks that are too descriptive or already generic in the first place.

How to Keep Your Trademark Strong

Here are some practical tips to make sure your brand stays distinctive:

1. Set clear brand rules – Tell your distributors, staff, and partners how to use your trademark properly. For example: “Kleenex® tissues” (correct) instead of just “Kleenex” (generic).
2. Use trademark symbols – Once IPOPHL registers your mark, put ® beside it in the Philippines. If it’s not registered yet, use ™. This sends a message: this is a protected brand.
3. Correct misuse early – If people, businesses, or even the media misuse your mark, step in quickly. A simple reminder or letter can prevent bigger issues later.
4. Pair your mark with a product name – Don’t let your trademark stand alone. Say “Vaseline® petroleum jelly”, not just “Vaseline.”
5. Keep watch – Monitor how your brand is being used online and in advertising. If you ignore misuse, IPOPHL (or the courts) might see your mark as generic because you didn’t defend it.

Where Copyright Helps Too

Your brand isn’t just a name. Logos, packaging, and even creative ad designs may also be covered by copyright law. This means if someone copies your exact artwork—even without using your trademark—you could still have legal grounds to stop them.

So, using both trademark and copyright gives you stronger protection.

What If It’s Too Late?

If someone challenges your mark for being generic, or if IPOPHL questions it, you can still fight back. The process usually goes like this:

• Oppositions and cancellations are handled by the Bureau of Legal Affairs (BLA) at IPOPHL.
• If you lose, you can appeal to the Director General, the Court of Appeals, and even the Supreme Court.

Final Thoughts

The key takeaway is this: don’t wait until your trademark becomes generic. Take action early—set rules, use symbols, correct misuse, and enforce your rights.

If you’re unsure, working with an experienced IP firm like Brealant can save you from costly mistakes. They can guide you through IPOPHL’s system and help keep your trademark strong for years to come.

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