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20 April 2016Trademarks

Xerox confident of avoiding ‘genericide’

A counsel for Xerox has said she is confident the company’s trademark will not be struck out and face becoming a generic term.

Speaking to WIPR, Margaret Walker said she is confident Xerox will not suffer the same fate as other marks that have become generic including ‘Zipper’ and ‘Aspirin’.

“When you look at the factors that courts consider when determining if a trademark has become generic, I don’t think we will face too many problems. Courts will look at how the company itself is using its mark and whether it is used in a way that suggests it’s a generic term or in a way that sets it apart.

“We could convince a court that we are doing the best we can,” she said.

Walker also explained that the company is keen to educate the public and to “raise awareness that ‘Xerox’ is actually a registered trademark.”

Walker was speaking to WIPR as part of a wider interview on the IP strategy at the US-based brand. The full interview will be published on worldipreview.com at a later date.

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