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Thermos LLC makes insulated food and beverage containers as well as other consumer goods. In 1904, the first firm was formed in Germany.

Nippon Sanso K.K., which had created the world’s first stainless steel vacuum bottle in 1978 before renaming itself Taiyo Nippon Sanso Corporation, purchased the Thermos operating businesses in Japan, the United Kingdom, Canada, and Australia in 1989. Taiyo Nippon Sanso also bought Germany’s original Thermos GmbH firm.

Since the early twentieth century, the name “thermos” has been used as a general term for any vacuum-insulated flask, independent of manufacturer. The American Thermos Bottle Company pursued this synonymy from approximately 1910 to 1922 because it was considered free promotion; the value of such advertising was estimated in 1917 to be between $3 and $4 million in American dollars alone.

Following a close legal victory over flask merchant W. T. Grant Firm in 1923, the company and the vacuum-flask industry became increasingly protective of its trademark registered in 1923. In 1935, Thermos used a clipping service to track unlawful uses and filed a complaint with dictionary editors who included thermos as a word rather than a proper name.

According to a letter from 1940, the definitions “In a trademark litigation, it would be used against us. The most we can hope for is to ‘purify’ the word’s meaning. Throughout the 1950s, Thermos worked to preserve the trademark by developing various items (tents, lanterns, and camp stoves) carrying the name to establish it as a brand name rather than a commodity.

In 1958, Aladdin Industries announced its intention to sell “thermos bottles,” prompting a lawsuit from the Thermos trademark owners (then known as the “King-Seeley Thermos Company”).

Due to Thermos’ own publicization and lack of effort in maintaining the trademark, Judge Robert Anderson decided in 1962 that thermos was a generic name. Aladdin (or any other firm) could use a lowercase “thermos” on its bottles, but Thermos kept the uppercase.

The trademark was largely genericized in the US Second Circuit (New York, Connecticut, and Vermont) as a result of this judgment, although it is still a registered trademark in the remainder of the US and over 100 other countries.

The vacuum-insulated flask, a scientific receptacle for holding liquified gases, was created by James Dewar, a Cambridge University professor, in 1892. It wasn’t a commonplace thing, like carrying a cup of hot coffee. Reinhold Burger, a German glassblower, received a German patent for an isolating jar for common usage in 1903.

Burger registered Thermos as a trademark for his patent in 1904. Burger, Albert Aschenbrenner, and Gustav Robert Paalen founded the firm Thermos GmbH in 1906. Burger and Aschenbrenner’s US patent 13,093 was used to manufacture Thermos-branded bottles in the United States.

Among chemists, the vacuum flask is now known as the Dewar flask in honor of its inventor, who did not file a copyright or trademark for his creation. Dewar sued Burger and Thermos GmbH when they did so, but he was unsuccessful in his attempt to claim intellectual property rights to the innovation in court.

 

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