Power of Branding through Trademarks
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Power of Branding through Trademarks

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Unleashing the Power of Branding through Trademarks - Grape5

Unleashing the Power of Branding through Trademarks - Grape5

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Power of Branding through Trademarks Power of Branding through Trademarks Presentation Transcript

  • Unleashing the Power of Branding through Trademarks
  • Branding and trademarks are keys to success in business and in the global market
  • What is Branding..? • Branding is the process by which the name or the identify of an owner, a company/enterprise or organization, is communicated. • Branding allows a company to differentiate its products and services from the competition by creating a bond with its customers. It aims to create customer loyalty. • This way, a company takes a position in the marketplace. • A way by which companies launch and sell goods & services. • A brand name is sometimes made of a part or the totality of a trademark name. • It communicates the essence of a products or its line, including why it is great and how it is better than all competing products. • It reflects in general a prestigious (aesthetic) image in order to attract more consumers. View slide
  • SUCCESSFUL BRANDING Attracts / catches the consumers • Developing a brand is part of every strategic business plan • Target what customers care about: articulate precise values and qualities that are relevant and of direct interest • Emphasize features that are both important to consumer and quite differentiated from competitors • Communicate constant innovating brand image at all levels of operation View slide
  • TRADEMARKS ARE FOR EVER
  • 10 Points about Trademarks • Product or service Image (Identity) • Distinguish goods or services among others • Play a pivotal role in the branding/marketing Strategy • Can be extended to any country • Defines a certain image - builds a reputation • Is a marketing tool - enabling licensing & franchising • Is a valuable IP business asset • Encourage companies to invest, maintain and improve product quality • Once protected, are useful for obtaining financing • Can be put in the stock exchange
  • What is a Trademark? A Brand name - that promotes the image of a company and its range of goods & services. “A sign distinguishing goods or services produced or sold by one enterprise (from those of other enterprises)”. A TRADEMARK IS MADE OF : Any Distinctive Words, Letters, Numerals, Pictures, Shapes, Colors, Logotypes, Labels Examples:
  • Types of Trademarks? • Trade marks: to distinguish goods • Service marks: to distinguish services • Collective marks: to distinguish goods or services by members of an association • Certification marks • Well-known marks: benefit from stronger protection • Tradename (Brand name)
  • The function of a Trademark • Allows companies to mark a territory, expressing specific functions among similar products in the market. • Ensures that consumers can identify a line of products. • Ensures extension of the mark through licensing or franchising process. The Value of a Trademark? • A marketing tool • Source of revenue through licensing • Crucial component of franchising agreements • Useful for obtaining banks or third part finance • A valuable business asset
  • The Values of Trademark • Google - $44.3 billion • Microsoft - $42.8 billion • Walmart - $36.2 billion • IBM - $36.2 billion • Vodafone - $30.7 billion • Bank of America - $30.6 billion • GE - $30.5 billion • Apple - $29.5 billion • Wells Fargo - $28.9 billion • AT&T - $28.9 billion Source: forbes.com
  • Trademark protection [Registration ] • Exclusive rights prevent others from marketing products under same or confusingly similar mark • Secures investment in marketing effort • Promotes customer loyalty/ reputation / image of company • Provides coverage in relevant markets where business operates • Registered marks for license or basis franchising agreements What to avoid when selecting a Trademark • Generic terms: chair to sell chairs • Descriptive terms: sweet to sell chocolates • Deceptive terms: “orwoola” for 100% synthetic material • Marks contrary to public order and morality • Avoid using flags, armorial bearings, official hallmarks, emblems without legal authorization
  • What to Remember when selecting Trademark? • Inherently distinctive • Coined or fanciful words: “Kodak” o Arbitrary marks: “apple” for computers o Suggestive marks: SUNNY for heaters • Easy to memorize and pronounce • Fits product or image of the business • Has no legal restrictions o Reasons for rejection o TM search>not identical or confusingly similar to existing TM • Has a positive connotation • Suitable for export markets • Corresponding domain name available
  • Protecting a TM through registration • The applicant can file a request through his national office • Right after filing through the IP Office, a trademark can be filed at WIPO (Madrid & Protocol) - saving time and money o WIPO offers free assistance, information & guidelines o Filing application form, contact details, graphic illustration of mark, description of goods, fees o Registration certificate valid for 10 years o Renewal & Publication (CD-Rooms /Gazette) • The IP national office is the only authority in charge of : o Formal examination o Substantive examination o Publication and opposition
  • Protecting a TM through registration • It is critical to register your trademark in all classes in which you use or intend to use your trademark. • The most widely used classification system (Nice has 34 classes for goods and 11 for services. • Some TM offices such as in US and Canada require the proof that the TM is used within a year. • A substantive examination may be required if there is a conflict with an existing Mark on the register. • Some countries publish the TM in a journal allowing 3rd parties to oppose during a given period. • Once it is decided that there is no grounds for refusal, a certificate is issued which is valid for 10 years. • Registration can be renewed indefinitely but may be cancelled if TM is not actively used for a certain period stated in the TM law.
  • SCOPE OF RIGHTS • The exclusive right to use the mark • The right to prevent others from using an identical or similar mark for identical or similar goods or services • The right to prevent others form using an identical or similar mark for dissimilar goods or services Keep in Mind • The time it takes to register a TM • The costs associated with tm protection • The need for a trademark search - free at wipo • A trademark agent may be required • Protecting at home and abroad • Renewing your registration & paying fees
  • Protecting at Home & Abroad • THE NATIONAL ROUTE o Each country where you seek protection • THE REGIONAL ROUTE (for some countries only) o Countries members of a regional trademark system: African Regional Industrial Property Office; ASEAN IPO; Benelux TM office; Office for Harmonization of the Internal Market of the EU; Organisation Africaine de la Propriété Intellectuelle • THE INTERNATIONAL ROUTE • UK JOINED THE MADRID PROTOCOLE IN DECEMBER 2005 - ISRAEL MAY JOIN VERY SOON o The Protocol & Madrid system administered by WIPO o 78 member countries
  • Using a Trademark in advertising • Use Exactly As Registered • Protect Tm From Becoming Generic o Set Apart From Surrounding Text o Specify Font, Size, Placement And Colors o Use As An Adjective Not As Noun Or Verb o Not Plural, Possessive Or Abbreviated Form o Use A Trademark Notice In Advertising And Labeling ® • Monitor Authorized Users Of The Mark • Review Portfolio Of Trademarks • An Evolving Trademark Using a TM on the Internet • Use Of Tm On Internet May Raise Controversial Legal Problems • Conflict Between Trademarks And Domain Names (Internet Addresses) - Cyber Squatting • Wipo Procedure For Domain Name Dispute (Http://Arbiter.Wipo.Int.Domains)
  • Using A Trademark As A Business Asset • Licensing: Owner Retains Ownership And Agrees To The Use Of The Tm By Other Company In Exchange For Royalties > Licensing Agreement (Business Expansion/Diversification) • Franchising: Licensing Of A Tm Central To Franchising Agreement.The Franchiser Allows Franchisee To Use His Way Of Doing Business (Tm, Know-how, Customer Service, S/W, Shop Decoration. Etc) • Selling/Assigning Tm To Another Company (Merger & Acquisitions/Raising Of Cash) Enforcing TM • Responsibility Of Tm Owner To Identify Infringement And Decide On Measures • “ Cease And Desist Letter” To Alleged Infringer • Wipo Enforcement Programs - • Cooperation With Customs Authorities To Prevent Counterfeit Trademark Goods • Arbitration And Mediation (Preserve Business Relations)
  • Bangalore office #576, 30th Main Road, Banashankari 3rd Stage, Bangalore-560070 ………………………………............ Navi Mumbai Gangasagar, Plot no.E-47, Near MSEB, Sector-12, Kharghar, Navi Mumbai-410210 CONNECT WITH US