Albal, Posit, Tipex, Velcro, Potito… What do they have in common? We would say nothing. But they share something very important: they are brands that we use to identify generic products. Brands that we write in lower case. Because, due to an intense implementation in the market, they achieve such recognition that they are used to designate the same products from different companies. Despite the fact that we may think that the use of our brand, in a massive way and for several generations to refer to a product or service, may be the maximum exponent of notoriety that one can dream of, we cannot ignore that the objective of the branding is precisely to differentiate a product from its competition. If it begins to be used to designate a generic product, it loses its distinctiveness and becomes vulgar.

Although it is ironic, after the effort to make a brand reach the top through its recognition, it can be lost. And it is that the vulgarization of the brand is a cause of expiration, that is, it is no longer considered as such for legal purposes. But, it is necessary that two requirements concur to determine vulgarization: one objective and one subjective. The objective is that the trademark has become the usual designation of the product or service for which it is registered; and subjective, that this loss of distinctive character is due to the activity or inactivity of the owner.

In other words, popularization in Spain –and in the European Union in general– requires a passive or active attitude from the owner or, at least, they have contributed to it in a relevant way. For example: Ganchitos became the usual name to refer to a corn appetizer when its vulgarization was declared due to lack of action by its owner in a judgment of the Provincial Court of Barcelona in 2004. In another judgment of the same hearing in 2018, it was Aftersun was vulgarized as a result of the actions of the owner, who not only allowed direct competitors to use the word, but also used it to refer exclusively to products for the skin after sun exposure.

To combat vulgarization there are effective tools. On the one hand, there are the communication and advertising campaigns, with which it is possible to publicize or remember that the term is a brand. It is also effective to carry out actions that highlight the condition of a distinctive sign, such as including legends: LYCRA®, MAIZENA®… You can also request a reference in dictionaries that it is a brand (such as Crayola or Gominola).

At Andema (Association for the Defense of the Brand) we know how harmful the vulgarization of a brand that has cost a lot to create, publicize and maintain is for the interests of companies. That is why it is essential to have specialized legal advice and that trademark owners are proactive in defending their trademarks against third parties that try to take advantage of the pull of brands that with so much effort have reached where they are.