“Flip-flop”: forward flip or branding flop?

Think: Xerox. Band-aid. Kleenex. In Germany, this also applies to brand names such as "Tempo“ (the German Kleenex equivalent), ”Ohropax“ (an earplug brand turned generic term), ”Fön" (same for hairdryers) or even ”Google”. The common feature of these words is that they create a clear picture of a specific product or service in the minds of a broad target group. And they are virtually designated representatives for a variety of similar products whose names are vying for 2nd or 3rd place in the attention of the target group.

This is how toe separator sandals become "flip-flops", a paper tissue turns into "Tempo" and you would rarely ever hear someone say "do your search engine research". Instead, they tell you to google it.

We are now living in a world where brand names are used every day and feel natural to describe a product category. But how do brand names achieve this position?

The first one wins the race

One possible approach is the “first-time factor.” This does not just mean the original product idea, the next digital solution, the groundbreaking conceptual approach.
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Be the first and above all: talk about it. 

Don't join in, don't try to find your place in the land of familiarity. Be brave, find your own words and open a new box in the brain of your target group.

This double uniqueness is evident in the Ohropax brand development.

Its inventor Max Negwer was not the first to come up with the idea of developing a type of hearing protection plug. But, in 1911, he was the first to enter the market with a “useable rest product”. A product he called "Ohropax", registering the name as a trademark. Unique in every way, considering that the alternatives at that time consisted of fat-soaked earbandages, lead or even metal. In Germany, whenever earplugs are discussed, the brand name by the former "inventor of peace" is still within earshot.

As early as the late 19th century, the electric hair dryer was invented in France. It wasn't until a few years later (1908) that Sanitas finally released a comparable product with a trademarked name: Fön. It was therefore not the inventor who received the proverbial laurels for the new product, but the eponymous company that marketed the alleged novelty under a novel and memorable name. One, that until today is more common than a more descriptive way of saying "hair dryer" in Germany.

The shorter, the better

In addition to the aforementioned first-time factor, many generic terms that stem from brand names are combined by their linguistic efficiency.

This does not mean that only short names find their way into memory. Rather, the path to memorability is shorter.

Generally, linguistic efficiency is understood to mean the natural urge of language users to influence communication in such a way that senders and receivers understand each other with minimal effort on either side. Linguistic efficiency is regarded as one of the main reasons for linguistic change change. This includes the phenomenon of brand names becoming category names.

It is therefore obvious that, in most cases, brand names that turned generic are simply “better” suited to conveying the same content with less effort than the initial words did. For example, words like “Googling” or “flip-flop” are easier said than ”search engine research“ or ”toe separator sandals”.

Names generate images

Even more interesting, however, is the fact that “generic brand names” are often very figurative or — as is often discussed in marketing — allow for very strong storytelling.

Meteorologically, the "foehn wind" (the phonetic namesake of the "Fön") is a warm airflow. "Ohropax" literally means "peace for the ears". And flip... flop... just makes you hear the sound over and over again. From a naming perspective, these are classic symbolic names. Typologically, there are even more lexical names that deserve to be mentioned: "Uhu" (= eagle own, a glue stick brand turned generic term) and "Tempo" (= speed, the German Kleenex equivalent). Both have been assigned a new meaning and new content through clear brand communication.

It's understandable that many companies want to jump on this supposedly smooth bandwagon. Often, therefore, we hear the naming expectation: find a term like “Apple”, familiar to everyone and unmistakable for the respective products.
All matters of trademark law pushed aside at this point: the combination of words, symbolism and product reference guide the effect of the name.

Naming alone is not a given

Either the selected symbol highlights a relevant added value, an outstanding feature, a characteristic typical for the... Or it must be possible to combine two independent brand elements — the word and the actual "topic to be named" — into a single unit.

The higher the "uniqueness" factor, the more potential in terms of development. Set the anchor for a brand story that inspires and interests. And the more consistently the verbal identity is implemented in product and brand language, in campaigns, sales talks and on all channels, the faster and more effective will be the road to success.

The other side of the coin

Is it now a desirable goal for one's own brand name to turn into a generic term? Or is there a catch? The Flip-Flop brand is currently going through this situation.

Toe separator sandals originally came from Japan around the 1950s, where they were modeled on Zori sandals. From there, they came to America, where the onomatopoeic term “flip-flop”, which is similar to the sound made while walking in said sandals, became the generic term for this type of shoe.

In Germany, the name went the other way around: filed with the German Patent and Trademark Office in 1997, the name Flip-Flop became established for all products with a comparable design and, on the surface, of similar characteristics.

First forward flip, then branding flop? If brand name and generic term are identical, this can have economic as well as trademark consequences. One of risks is that the brand name is not (anymore) the unique enough to represent the product that it actually stands for.

Customers who ask for flip-flops in a shoe store selling toe separator sandals from other brands, for example, are regularly referred to the general sales area of similar products. Regardless of whether one will find "true" branded Flip-Flops over there. The same scenario can be observed both in the electrical department when buying a “Fön” and in drugstore when asking for a "Tempo" or "Kleenex".

‍Lost sales for the brand are the logical consequence if similar products from other manufacturers are included in the purchase decision under one's own brand name.

In addition, it may happen that the trademark owner loses the opportunity to enforce his trademark rights towards third parties. Why? Because the brand term is turning into a description of the goods — thus into something that needs to be ”kept free“ for general use. And then, in turn, provides the basis for an application for cancellation of the trademark.

That's what happens with flip-flops. The cancellation of the trademark was initiated by the Zweibrücken Higher Regional Court in April 2022 — almost five years after plaintiffs selling “Havaianas” toe separator sandals filed a corresponding application. As a result, Flip-Flop not only loses trademark protection, which also means the right to monopolize and exclusive advertise the name for its own products.

And now?

For the benefit of our customers, we remain convinced that brand owners should not shy away from moving their brand to a similar level of recognition. And in doing so, to promote their unique linguistic position. Because knowledge of the supposedly negative side effects that can go hand in hand with the development of a brand into a generic term does not change the basic principles of any brand success.

To be a brand is to be different. Means unique position, means to be known, means differentiating oneself from the competition through the name and a linguistically independent product or service promise.
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How does that work?
You can find insights about brands, names, words and the odd origin story on our social media channels. Or get in touch with us directly — we are looking forward to it.

Your Endmark team

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