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2. KALPESH L. GUPTA
B. Com., LL.M. (Busi. Laws), M. Phil. (Law)
ACADEMIC ASSOCIATE – BUSINESS POLICY AREA
INDIAN INSTITUTE OF MANAGEMENT - AHMEDABAD
EX STUDENT OF SKPCC (YEAR 2000-2003)
SUBJECT
BRAND & BRAND MANAGEMENT - AN OVERVIEW
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3. WHAT IS BRAND :-
A brand is the identity of a specific product, service,
or business. A brand can take many forms, including
a name, sign, symbol, color combination or slogan. A
legally protected brand name is called a trademark. The
word brand has continued to evolve to encompass identity
it affects the personality of a product, company or service.
The American Marketing Association (AMA) defines a brand
as a "name, term, sign, symbol or design, or a combination
of them intended to identify the goods and services of one
seller or group of sellers and to differentiate them from
those of other sellers.
Therefore it makes sense to understand that branding is not
about getting your target market to choose you over the
competition, but it is about getting your prospects to see
you as the only one that provides a solution to their
problem. 3

4. Objectives that a Good Brand will achieve include :
1. Delivers the message clearly
2. Confirms your credibility
3. Connects your target prospects Emotionally
4. Motivates the buyer
5. Concretes User Loyalty
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5. WHAT IS BRAND MANAGEMENT AND INGREDIENTS :-
Brand management is the application
of marketing techniques to a
specific product, product line, or brand. It seeks to
increase a product's perceived value to the
customer and thereby increase brand franchise
and brand equity. Marketers see a brand as an
implied promise that the level of quality people have
come to expect from a brand will continue with
future purchases of the same product. This may
increase sales by making a comparison with
competing products more favorable. It may also
enable the manufacturer to charge more for the
product. The value of the brand is determined by the
amount of profit it generates for the manufacturer
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6. PRINCIPLE OF BRAND MANAGEMENT :-
A good brand name should :-
1. be protected (or at least protectable) under Trademark law.
2. be easy to pronounce.
3. be easy to remember.
4. be easy to recognize.
5. be easy to translate into all languages in the markets where
the brand will be used.
6. attract attention.
7. suggest product benefits or suggest usage (note the tradeoff
with strong trademark protection.)
8. suggest the company or product image.
9. distinguish the product's positioning relative to the
competition.
10. be attractive.
11. stand out among a group of other brands.
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7. ONLINE BRANDING :-
Branding has been a business buzzword for many
years. But the term has implications far beyond
corporate logos, mission statements and theme
songs. Effective branding is all about telling
customers who you are, what you do and how you
do it.
Despite recent tragedies in the U.S. and the bad rap
that the Internet has received over the past year,
more people are spending time and money online
than ever before. That's why it's vitally important for
small businesses and solo entrepreneurs alike to
use the Internet to make an impact.
9 WAYS TO COMMUNICATE A ROCK-SOLID IDENTITY
BY BOB BAKER
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Cont…

8. ONLINE BRANDING :-
MORE PEOPLE ARE SPENDING TIME & MONEY ONLINE THAN EVER
BEFORE
9 STEPS TO HELP YOU CARVE A FOCUSED IDENTITY ONLINE
-BY BOB BAKER (BOB BAKER IS THE AUTHOR OF "POOR
RICHARD'S BRANDING YOURSELF ONLINE: HOW TO USE THE
INTERNET TO BECOME A CELEBRITY OR EXPERT IN YOUR FIELD."
(Source :- http://www.websitemarketingplan.com/online/Branding.htm )
1. DEFINE YOUR BRAND UPFRONT
2. LEAD WITH WHAT YOU DO, NOT WHO YOU ARE
3. USE A REAL PERSON AS A FIGURE HEAD
4. DEVELOP A FAN-CLUB MENTALITY
5. MAKE GOOD USE OF WORDS
6. MAKE SURE VISUAL ELEMENTS REINFORCE YOUR IDENTITY
7. BECOME A ONE STOP DESTINATION
8. PUBLISH A E-MAIL NEWS LETTER
9. BE VISIBLE THROUGH ONLINE FORUM *
* www.facebook.com/pages/Fastrack
www.facebook.com/pages/Amul-Butter
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9. PROFIT MAXIMIZATION,WEALTH MAXIMIZATION, CONSUMER
MAXIMIZATION :-
1. PROFIT MAXIMIZATION :- Concentrate on Maximum Profit
2. WEALTH MAXIMIZATION :- Concentrate on Increment of wealth
3. CONSUMER MAXIMIZATION :- Concentrate on more market share
CONSUMERISM :-
-MORE PRODUCT FOR CONSUMERS
-CREATE UNWANTED NECESSITY OF PRODUCT
- CONSUMER ARE TREATED AS SCAPEGOAT
(BALIKA BAKRA) BY MANUFACTURER / TRADER
MISLEADING ADVERTISEMENT :-
-“COMPLANN” – RECENTLY REGI. CASE AGAINST CO.
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10. MISLEADING ADVERTISEMENT :-
MAHARASHTRA FOOD & DRUG ADMINISTRATION TAKES
COMPLAN TO COURT OVER ‘TALL’ CLAIM (THE TIMES OF
INDIA, JULY 9, 2010)
CHARGESHEET FILED BY FDA IN MAZGAON METROPOLITAN
MAGISTRATE. THE FDA’S CHARGSHEET NAMES SEVEN
OFFICIALS HEINZ INDIA PVT. LTD. IN ITS PETITION DATED MAY
3, 2010 CLEARLY STATING THE OFFENCE AS “AN
EXAGGERATED ADVERTISEMENT ON TELEVISION CHANNELS
ABOUT FOOD ARTICLE COMPLAN
FOOD JOINT COMMISSIONER C B PAWAR TOLD TOI THAT A
MONTH LONG INVESTIGATION HAD PRECEDED THE FILING OF
THE CASE
DR. R K ANAND IN LATE 1970 TOOK ON THE MNC’S MIGHT FOR
SUGGESTING THAT BRANDED MILK PRODUCTS COULD
TRANSFORM YOUR INFANT INTO A ‘BONNIE, BONNIE BABY’
CONT……
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11. MISLEADING ADVERTISEMENT :-
IN THE LATE 1970S ANAND ALONG WITH THE LIKE MINDED
DOCTORS FORMED THE ASSOCIATION FOR CONSUMER’S
ACTION ON SAFETY AND HEALTH (ACASH)
AND MOVED THE INDIA’S GOVT. INTO FORMULATING THE
INFANT MILK SUBSITUTE ACT TO STOP USING PICTURES OF
BABIES ON TINS AND PACKS THAT COULD LURE MOTHERS TO
BUY THE PRODUCTS
CUT TO 2009 WHEN AFTER BEING FLOODED WITH QUERIES
FROM TOO MANY MOTHERS ABOUT COMPLAN’S CLAIM TO ADD
TWO INCHES. THEN ANAND DECIDED TO ACT AGAIN AND
CONSULTED DOCTORS OF INDIAN ACADEMY OF PEDIATRICS
DR R K ANAND, THE 77-YEAR-OLD PAEDIATRICIAN FROM
JASLOK HOSPITAL, POINTS OUT TO SIMPLE LOGIC: "IF A CHILD
IS GIVEN EXTRA NUTRITION ALONG WITH NORMAL DIET, HE OR
SHE IS BOUND TO GROW BETTER."
VIOLATION OF PROVISION OF THE PREVENTION OF FOOD
ADULTERATION ACT. 1954
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12. ACTION AGAINST MISLEADING ADVERTISEMENT :-
(THE HINDU, AUGUST 8, 2010)
THE FOOD SAFETY AND STANDARD AUTHORITY OF INDIA
(MOHFW) HAS DIRECTED THE STATE FOOD SAFETY
COMMISSIONER TO SCRUTINISE AND INITIATE STINGENT
ACTION AGAINST ADVERTISEMENT WHICH RAISE MISLEADING
CLAIMS ON THE QUALITY OF FOOD AND BEVERAGES BEING
MARKETED IN THE STATE.
EXAGGERATION OF QUALITY
….COMPANIES WILL NOT USE ….EDIBLE OIL… ‘SUPER REFINED’,
‘EXTRA REFINED’, ‘MICRO REFINED’, DOUBLE REFINED’, ULTRA
REFINED’, CHOLESTOREL FRIENDLY’ ETC..
THIS AD ALLEGEDLY TRY TO DECEIVE THE CUSTOMER
CASES WILL BE REGISTERED UNDER FOOD SAFETY AND
STANDARD ACT 2006 AND PROVED GUILTY , IT WILL INVITE
PENALTY OF RS. 10 LAKH. (SECTION 53 OF FSS ACT) THE
BURDEN TO PROVE THE CLAIM WILL BE ON THE COMPANY AND
IT SHOULD BE SUPPORTED WITH SCIENTIFIC EVIDENCES
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13. PRODUCT MARKET & SERVICE MARKET :-
PRODUCT MARKET IS FOR ONE TIME
BUT SERVICE MARKET IS FOR LONG TIME
e.g.
CAR & CAR REPAIRING
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14. PRODUCT MARKET & SERVICE MARKET :-
e.g.
NOKIA MOBILE
& NOKIA SERVICE
CENTRE
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15. SOME EXPLANATION / RELATIONS ETC. ON BRANDING :-
1. BRAND EXTENSION
e.g. Fair & Lovely – Multi Vitamin
2. BRAND ALLIANCE
e.g. Dell Computer – Intel Core
3. BRAND & CORPORATE SOCIAL RESPONSIBILITY (CSR)
CSR ACTIVITIES AFFECT A VARIETY OF COUTCOMES,
COMPANIES IMAGE, EVALUATION, MARKET VALUE, PRODUCT
EVALUATION ETC. CSR ACTIVITIES SHOWS THAT COMPANIES
IS VERY SERIOUS ABOUT THE SOCIETY.
4. CULTURAL SYMBOLISM OF BRAND
PEOPLE BUY PRODUCT NOT ONLY FOR WHAT THEY DO, BUT
ALSO FOR WHAT THE PRODUCT MEANS, THUS BRANDS CAN
BE SYMBOLS THAT BECOME PART OF THE INDIVIDUALS
IDENTITIES OF CONSUMERS. PEOPLE USE THE SYMBOLISM IN
BRANDS TO COMMUNICATE TO OTHERS WHO THEY ARE OR
WHO THEY ASPIRE TO BE. 15

16. BRAND / INTELLECTUAL PROPERTY :-
BRANCH OF INTELLECTUAL PROPERTY :-
1.TRADEMARK (COMPLANNTM / ® )
2.PATENT
3.COPYRIGHT (© JAMNADAS & CO.)
4.DESIGN
5.GEOGRAPHICAL INDICATION ETC…
(“DARJALING TEA”)
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18. MRF MADRAS RUBBER FACTORY 18

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21. CADBURY INDIA LTD. FULLY
OWNED SUBSIDIARY OF KRAFT
FOOD INC. US IN FEB 2010
(1824 – JOHN CADBURY, UK)
EXAMPLE OF BRAND EXTENSION
1. CADBURY – DAIRY MILK
2. CADBURY – BOURN VITA
3. CADBURY – FIVE STAR
4. CADBURY – PERK
5. CADBURY – GEMS 21
6. CADBURY - CELEBRATION

22. - The firm today known as Kraft Foods was formed
on December 10, 1923 by Thomas H. McInnerney
- Headquartered in US
- Canadian-born and of German origin,
James L. Kraft started a wholesale door-to-door
cheese business in Chicago in 1903
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24. BRAND / INTELLECTUAL PROPERTY :-
BRANCH OF INTELLECTUAL PROPERTY :-
TRADEMARK
TRADE MARK INCLUDES…
(Sec. 2(zb) OF THE TRADE MARK ACT, 1999)
“TRADE MARK MEANS A MARK CAPABLE OF BEING
REPRESENTED GRAPHICALLY AND WHICH IS CAPABLE OF
DISTINGUISHING THE GOODS OR SERVICES OF ONE PERSON
FROM THOSE OF OTHERS………”
(Sec. 2(1)(j) OF THE TRADE & MERCHANDISE MARKS ACT, 1958)
“TRADE MARK INCLUDES A DEVICE, BRAND, HEADING, LABEL,
TICKET, NAME, SIGNATURE, WORD, LETTER OR NUMERICAL OR
ANY COMINATION THEREOF”
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25. PROTECTION FOR BRAND / TRADEMARK :-
THE TRADE MARK ACT, 1999
- APPLICATION FOR REGISTRATION OF TRADE MARK TO
REGISTRAR IN GUJARAT AT AHMEDABAD)
- REGISTRATION VALID FOR 10 YEARS , CAN BE RENEWED
- PERSON LIABLE FOR CIVIL AND CRIMINAL LIABILITY FOR
INFRINGMENT OF TRADE MARK
- FILE CASE FOR INJUNCTION AND SUIT FOR
DAMAGES
- IMPRISONMENT UPTO 6 MONTHS & RS. 50000 /-
FINE (SUBSEQUENT OFFENCE , 1 TO 3 YEARS
IMPRISONMENT AND FINE 1- 2 LAKH
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26. BRAND / TRADEMARK PROTECTION :-
SOME CASES..
1. “REDIFF” - “RADIFF” (INTERNET)
2. “MATHURA GHEE” - “MATHURAG GHEE” (GHEE)
3. “BETALONG” – “BETALOC” (PHARMA CO.)
4. “AMBAL” – “ANDAL” etc….
SUPREME COURT (1970) – “the resemblance between
two marks must be considered with reference to ears
and as well as eyes”
Recent Illustration :-
1.Fair & Lovely TM, - MULTI VITAMIN TM
2.Vaseline TM MEN TM
3.Ponds’ TM – WHITE BEAUTY TM
MFG. BY :- HINDUSTAN UNILEVER LTD.
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27. “UNINOR”
UNITECH TELENOR
(INDIA) JV (NORWAY)
32.75% SHARE 67.25% SHARE
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