Brand protectionPresented by

Belli P KS4 MBA

CET05/06/2013

Trademark A trademark is a word, phrase, symbol, or

design, or a combination of these that identifies and distinguishes the source of goods of one party from those of others.

TrademarkTrademark Brand for which the owner claims exclusive legal

protection.

Protecting Trademarks

• Gives firm exclusive legal right to use brand name, brand mark, and any slogan name or product name appreciation.

• Example: Former Beatles and their representatives sued Apple Computer, claiming its iPod product violated the trademarks for Apple Corps, the Beatles record label.

• Firms can also seek protection for packaging elements and product features.

Trademark examples

Colour as a Trade Mark• Colour is register able as a trade mark if capable of distinguishing goods/services of one business from those of another

• It can be difficult to establish that colour (on its own) identifies a particular business…

Eg: Evidence demonstrated that the public associated the colour purple itself with Cadbury's chocolate and therefore Cadbury were entitled to a registered trade mark for that colour for chocolate.

Service MarkA service mark is the same as a trademark,

except that it identifies and distinguishes the source of a service, rather than a product.

Functions of a TrademarkIndicates the source of origin of goods or

servicesHelps guarantee the quality of goods bearing

the markCreates and maintains a demand for the

productUsed as a marketing tool to build a brandCan have great $ value to a company

Spectrum of Distinctiveness & Levels of Protection

Stronger

Weaker

Fanciful

Arbitrary

Suggestive

Descriptive

Generic

The value of a Trademark?A marketing tool

A source of revenue through licensing

A crucial component of franchising agreements

Useful for obtaining banks or third part finance

A valuable business asset

The Value of Trademarks

Global Brand Scoreboard

1. Coca-cola 67.52$ billion

2. Microsoft 59.95$ billion

3. IBM 53.37$ billion

4. GE 46.99$ billion

5. Intel 35.58$ billion

(German survey January 17, 2006)

What to avoid when selecting a Trademark

Generic terms: CHAIR to sell chairs

Descriptive terms: SWEET to sell chocolates

Deceptive terms: “ORWOOLA” or “Pure whool” for 100% synthetic material

Marks and terms contrary to public order/morality

Do not use flags, armorial bearings, official hallmarks, emblems without a legal authorization

DEVELOPING GLOBAL BRAND NAMES AND TRADEMARKS• An excellent name or symbol in one country may be

a poor choice in another.

• Some sounds are common to most languages, such as o, k, and short a, so names such as Coca-Cola and Texaco tend to work well worldwide.

KEEP IN MIND

The time it takes to register a TM

The costs associated with TM protection

The need for a trademark search -

A trademark agent may be required

Protecting at home and abroad

Renewing your registration

BRAND CLASSIFICATIONDescriptive brandsPerson-based brandsAssociative brandsGeographic brand namesAlpha-numeric brand names

Descriptive brandthe name describes a key benefit or aspect

associated with the product and services

Person-based brandswith this approach the product and services

are identified by the names of owners, partners or key individuals (ADAG group). Very commonly used by attorneys and physicians (HANEMAN), celebrity named perfumes., etc.

Associative brandsthis type of branding uses fabricated words,

or words that do not normally have meaning in this context, and then uses promotion to forge them into an identity

Geographic brand namesuses local or regional folklore to create a

“down home” feel for the product or service. Another variant of this strategy is to use words like “INDIAN” or “US” to provide a patriotic appeal. Finally, distant geographic names can be used to create an exotic image

Alpha-numeric brand namescombination of letters and numbers (either in

numerical form or in script) to describe a product service brand.

Thank you