Protecting distinctiveness: Why the Dryrobe decision matters for every brand owner

A recent UK High Court ruling for Dryrobe is more than just a win for one company - it’s a wake-up call for all brand owners. Distinctiveness isn’t a one-time achievement; it’s a living asset which must be actively defended to stop your trademark from sliding into generic use.

In this case, Dryrobe, famous for its insulated waterproof changing robes, was forced to fight for its flagship mark after a competitor claimed “dryrobe” had become shorthand for the entire product category.

What is trade mark ‘genericide’?

Trade mark ‘genericide’ occurs when a brand name becomes the common de facto ‘generic’ term for a product or service resulting in the brand losing its legal trade mark protection.

In the event the ‘genericide’ claim had been successful, Dryrobe could have lost its exclusive rights, leaving the door wide open for imitators to trade off its name.

The Court rejected the claim, affirming that DRYROBE still signals a single commercial source, not a generic garment.

How did Dryrobe protect its flag ship trade mark?

Here is what made the difference:

• Consistent brand policing that corrected misuse before it spread.
• Marketing discipline that presented DRYROBE as a badge of origin, not a descriptor.
• Evidence of consumer perception showing the mark retained its distinctiveness.

This ruling reinforces a critical truth in UK trademark law: distinctiveness is never static. It must be nurtured through vigilant enforcement, disciplined use, and a clear brand identity that consumers recognise and respect.

Key takeaways for rights holders

• Success breeds risk: popular products are prime targets for genericide.
• Guidelines matter: strong brand-use rules and corrective marketing can prove your mark still identifies source.
• Act early: enforcement before misuse becomes entrenched can often be the difference between protection and loss.

How Hamlins can help

At Hamlins, we understand that your brand is more than a name, it’s the goodwill built, the reputation earnt, and the distinctiveness which sets you apart. Whether you need strategic trademark management or enforcement against infringements, our team is here to ensure your brand remains unmistakably yours.

Our Commercial and Tech team supports clients across multiple industries to deliver intellectual property, trade mark, commercial, regulatory and structuring, data and data protection expertise. Please get in touch to find out how we can help.