upgrade

💡intro to intellectual property review

Kleenex

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025

Definition

Kleenex is a brand of facial tissue owned by the Kimberly-Clark Corporation. It has become a genericized trademark, where the brand name is commonly used to refer to any type of facial tissue, regardless of the manufacturer.

5 Must Know Facts For Your Next Test

  1. The Kleenex brand was introduced in 1924 and has since become a household name for facial tissues.
  2. Trademark holders often try to prevent their marks from becoming genericized, as this can lead to the loss of exclusive rights to the trademark.
  3. Fair use of a trademark, such as in comparative advertising or product reviews, is generally allowed as long as it does not cause consumer confusion or dilute the trademark's distinctiveness.
  4. Trademark dilution can occur when a mark becomes so widely used that it loses its ability to uniquely identify a specific brand, making it difficult for the trademark owner to enforce their rights.
  5. Proper use of the Kleenex trademark typically involves using it as an adjective, such as 'Kleenex brand facial tissues,' rather than as a noun to refer to any type of facial tissue.

Review Questions

  • Explain how the Kleenex brand has become a genericized trademark and the potential implications for the trademark owner.
    • The Kleenex brand has become so widely used to refer to any type of facial tissue that it has lost its ability to uniquely identify the Kimberly-Clark Corporation's products. This is an example of a genericized trademark, where the brand name has become the common term for the product category. This can be problematic for the trademark owner, as it can lead to the loss of exclusive rights to the trademark and make it more difficult to enforce against unauthorized use. Trademark owners often try to prevent this by educating consumers on the proper use of the trademark and taking legal action against those who use the mark in a generic manner.
  • Describe the concept of fair use as it applies to the Kleenex trademark and how it differs from trademark dilution.
    • Fair use of the Kleenex trademark allows for the use of the mark in certain contexts, such as comparative advertising or product reviews, without the permission of the trademark owner. This is because fair use is a legal doctrine that permits the use of copyrighted material for purposes like commentary, criticism, or education. However, fair use must not cause consumer confusion or dilute the distinctiveness of the trademark. Trademark dilution, on the other hand, refers to the reduction in a trademark's distinctiveness, often due to widespread generic use of the mark. While fair use is a legitimate exception, trademark dilution can threaten the trademark owner's exclusive rights and is generally prohibited.
  • Analyze the importance of proper trademark usage, such as using Kleenex as an adjective rather than a noun, and how this relates to the concepts of genericization and fair use.
    • The proper use of the Kleenex trademark, such as using it as an adjective (e.g., 'Kleenex brand facial tissues') rather than a noun to refer to any type of facial tissue, is crucial for the trademark owner to maintain the distinctiveness of their brand. Improper usage, where the trademark becomes a generic term for the product category, can lead to the mark becoming genericized. This can result in the loss of exclusive rights to the trademark and make it more difficult for the owner to enforce their rights. At the same time, fair use of the trademark, such as in comparative advertising or product reviews, is generally allowed as long as it does not cause consumer confusion or dilute the trademark's distinctiveness. By maintaining proper trademark usage, the Kimberly-Clark Corporation can help prevent genericization and protect the value of the Kleenex brand.