Over dinner recently, I found myself in a discussion about the importance of “policing” trademarks. The man who raised the subject described being chastised by a friend for misusing the brand name TiVo®. Their conversation had gone something like this:
“I really like that show. I always TiVo it.”
“But you don’t have a TiVo.”
“OK, no, it’s not literally a TiVo –– just a DVR.”
“Then you can’t say ‘TiVo.’ It’s trademarked.”
Technically speaking, the man’s friend is correct. Intellectual property –– such as a trademarked name –– can only be protected if it’s unique. Let it become too much a part of the common parlance, let come to stand for an entire group of products or services, and you can lose the right to own it.
But as I told my dinner companion, it’s a long way between “household name” and “generic term.” After all, when was the last time you covered a cut with an “adhesive bandage,” or blew your nose on a “facial tissue”? BAND-AID® and Kleenex® are excellent examples of brands that have become culturally pervasive, yet are still viable trademarks.
And don’t forget this: From a branding perspective, being a cultural icon is never a bad thing. In fact, most brand owners aspire to just the kind of category dominance that BAND-AID and Kleenex possess. Each time their names are used, it further promotes their market leadership –– and makes it that much harder for competitors to get a foothold.
So while TiVo no doubt keeps on eye on how their name is used, I’m pretty sure they’d be pleased to know they’re still the industry benchmark.
— Irene Westcott, Associate Creative Director
