Celebrity Trademarks: Twitter Trying to Trademark “Tweet” Before It’s Too Late
True story: I loved Twitter. Then I hated Twitter. And now I use it only to diversify my online social media portfolio. I mean, the micro-blogging site has even spawned new lingo in the English language! As I just used the term, an update posted on Twitter is referred to as a “tweet.”
Consequently, Twitter has submitted a trademark application to the U.S. Patent and Trademark Office for the word “tweet.” This process likely will turn into a race against the clock as “tweet” may become genericized before Twitter can fully establish its rights in the term.
A genericized trademark refers to one that has become so prevalent that it comprises the definition for a general class of product or service. Such a trademark no longer carries the specific connotation intended by the applicant but has developed into the generic description itself. Notable examples of genericized trademarks include "cellophane." Companies like Xerox take painstaking efforts to educate the public not to use the word as a verb ("Xerox this memo,") but rather, as an adjective ("Make a Xerox photocopy.")
What this means is that Twitter must actively take measures to inhibit broad usage of “tweet” or else it may effectively forfeit some of its rights in the word. One option is to formally notify users of proper trademark use. I would love to be part of the ad campaign that promotes phrases like, "Send me a tweet micro-blog." It is critical for trademark applicants to maintain the fine balance of popularizing their brands while concurrently preventing genericide so that they may retain their full intellectual property rights in their trademarks.
Are these rules nitpicky? Sure they are! But they all serve a purpose. Want to find out more? Send me a tweet!
