NEW YORK (AP) — Apple is on the verge of doing what few others have: change the English language.
When
you have a boo-boo, you reach for a Band-Aid not a bandage. When you
need to blow your nose, you ask for Kleenex not tissue. If you decide to
look up something online, you Google instead of search for it. And if
you want to buy a tablet computer, there's a good chance there's only
one name you'll remember.
"For the vast majority, the idea of a
tablet is really captured by the idea of an iPad,'" says Josh Davis, a
manager at Abt Electronics in Chicago. "They gave birth to the whole
category and brought it to life."
Companies trip over themselves
to make their brands household names. But only a few brands become so
engrained in the lexicon that they're synonymous with the products
themselves. This so-called "genericization" can be both good and bad for
companies like Apple, which must balance their desire for brand
recognition with their disdain for brand deterioration.
It's one
of the biggest contradictions in business. Companies spend millions to
create a brand. Then, they spend millions more on marketing that can
have the unintended consequence of making those names so popular that
they become shorthand for similar products. It's like if people start
calling station wagons Bentleys. It can diminish a brand's reputation.
"There's
tension between legal departments concerned about 'genericide' and
marketing departments concerned about sales," says Michael Atkins, a
Seattle trademark attorney. "Marketing people want the brand name as
widespread as possible and trademark lawyers worry ... the brand will
lose all trademark significance."
It doesn't happen often. In
fact, it's estimated that fewer than 5 percent of U.S. brand names
become generic. Those that do typically are inventions or products that
improve on what's already on the market. The brand names then become so
popular that they eclipse rivals in sales, market share and in the
minds' of consumers. And then they spread through the English language
like the common cold in a small office.
"There's nothing that can
be done to prevent it once it starts happening," says Michael Weiss,
professor of linguistics at Cornell University. "There's no controlling
the growth of language."
FIGHTING BACK
A company's biggest
fear is that their brand name becomes so commonly used to describe a
product that a judge rules that it's too "generic" to be a trademark.
That means that any product — even inferior ones — can legally use the
name. A brand usually is declared legally generic after a company sues
another firm for using its name and the case goes to a federal court.
Drug
maker Bayer lost trademarks for the names "aspirin" and "heroin" this
way in the 1920s. So did B.F. Goodrich, which sued to protect its
trademark of "zipper" in the 1920s after the name joined the world of
common nouns. Similar cases deemed "escalator" generic in 1950,
"thermos" generic in 1963 and "yo-yo" generic in 1965.
It's
difficult to quantify how much revenue a company loses when its brand is
deemed generic. But companies worry that it breeds confusion among
consumers.
To prevent their names from becoming generic, some
companies use marketing to reinforce their trademarks. For instance,
after its Band-Aid brand name started becoming commonly used to refer to
adhesive bandages, Johnson & Johnsons changed its jingle in ads
from "I'm Stuck on Band-Aid" to "I'm Stuck on Band-Aid brand."
Kleenex
uses "Kleenex brand" instead of just "Kleenex" on its packaging and in
marketing and places ads to remind people Kleenex is trademarked. And
the company contacts some people who use Kleenex generically to refer to
tissue in order to correct them.
"We've worked very hard to keep
'Kleenex' from going the route of 'escalator' and 'aspirin,'" says Vicki
Margolis, vice president and chief counsel, intellectual property and
global marketing for Kimberly-Clark, which owns Kleenex. "If we lose the
trademark, people can use it with sandpaper and call that a Kleenex."
Xerox
is taking a similar route. The company, which introduced the first
automatic copier in the U.S. in 1959, has been on a public crusade for
decades to keep its brand from becoming generic. The machine's success
has led people to start using "Xerox" to refer to any copying machine,
copies made from one and the act of copying.
"In the mid- to
late-1970s, we ran dangerously close to Xerox becoming 'genericized,'"
says Barbara Basney, vice president of global advertising. "That
prompted a lot of proactive action to protect our trademark."
Xerox
has spent millions taking out ads aimed at educating so-called
"influencers" like lawyers, journalists and entertainers about its brand
name. A 2003 ad said: "When you use 'Xerox' the way you use 'aspirin,'
we get a headache." More recently, a 2007 ad read: "If you use "Xerox"
the way you use "zipper," our trademark could be left wide open."
While
people still use "Xerox" generically — the Merriam-Webster dictionary
lists the word as both a lower-case verb with the definition "to copy on
a xerographic copier" and a trademarked noun — the brand says its
campaign has been a success.
Xerox is still popular: It's ranked
the 57th most valuable global brand, worth $6.4 billion, according to
brand consultancy Interbrand. And perhaps most importantly, Xerox hasn't
lost its trademark.
TAKING IT IN STRIDE
Sometimes companies embrace when their brands become common nouns.
Perhaps
the best example of this is Google, a company created in 1998 when Alta
Vista and Yahoo.com were the top online search engines. Google, which
created a formula that returned more accurate results than its
competitors, became so popular that people began saying "Google" to
refer to a Web search, in general. Experts say Google has benefited from
its name becoming a part of the lexicon.
"You don't say 'Why
don't I Google it' and go to Yahoo or Bing," says Jessica Litman,
professor of copyright law at the University of Michigan Law School,
referring to other search engines.
Apple also has gotten a boost
from its brand names becoming synonymous with products. The iPod, which
was the first digital music player when it came out in 2001, is still
the name people use for "digital music player" or "MP3 player." And it
appears Apple's iPad is headed down the same path.
For consumers
like Mary Schmidt, 58, the "iPad" is generic for "tablet." Schmidt, a
Baltimore marketing executive, owns an iPad and doesn't know the names
of any other tablets.
"When I think of tablets, I think of an iPad," she says. "I think it's going to be the generic name. They were first."
It
remains to be seen if the iPad will maintain its name domination in the
tablet market. Apple declined to comment for this article.
For
now, Apple Inc. has a majority of the tablet category, which includes
Amazon's Kindle Fire and Samsung Electronics Co.'s Galaxy Tablet. The
iPad accounted for about 73 percent of the estimated 63.6 million
tablets sold globally last year, according to research firm Gartner.
Apple's
market share is likely to decline as more rivals roll out tablets. But
experts say that won't necessarily diminish iPad's name recognition.
"Apple
is actually pretty good at this," says Litman, the law school
professor. "It's able to skate pretty close to the generics line while
making it very clear the name is a trademark of the Apple version of
this general category."
When the iPad debuted in 2010, some people
offered up "Apple Tablet" or the "iTab" as better names. Others even
suggested that the name sounded more like a feminine hygiene product
than a tablet: "Get ready for Maxi pad jokes and lots of 'em!" wrote
tech site Gizmo at the time.
Two years later, those complaints are all but forgotten.
"At
the end of the day, the product was so successful that even if it
wasn't the 'quote unquote' best name, it made the name synonymous with
the category," says Allen Adamson, managing director at branding firm
Landor.
Copyright 2012 The Associated Press.