Anyone launching a product or service, whether on-line or off-line, will put a lot of thought into what to offer and how to go about offering it. In particular, most businesses invest a lot of time and money in creating a brand which will appeal to consumers and set its products or services apart from competitors. For this reason, a business will not want anyone else pretending to be associated with it and piggy-backing on its reputation. The brand of a business is an example of intellectual property, and can be one of the most valuable assets of the on-line business. As an example, when the infamous boo.com went into liquidation, the most sought after assets of the business were the domain name and trade marks; in other words, the boo.com brand. It is therefore important to a business to secure the rights in its brand.

1. Brand protection
Presented by
Belli P K
S4 MBA
CET
05/06/2013

2. 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.

3. Trademark
 Trademark 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.

4. Trademark examples

5. 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.

6. Service Mark
 A service mark is the same as a trademark, except that it
identifies and distinguishes the source of a service, rather
than a product.

7. Functions of a Trademark
 Indicates the source of origin of goods or services
 Helps guarantee the quality of goods bearing the mark
 Creates and maintains a demand for the product
 Used as a marketing tool to build a brand
 Can have great $ value to a company

8. Spectrum of Distinctiveness & Levels of
Protection
Fanciful
Arbitrary
Suggestive
Descriptive
Generic

9. 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

10. 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)

11. 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

12. 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.

13. 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

14. BRAND CLASSIFICATION
 Descriptive brands
 Person-based brands
 Associative brands
 Geographic brand names
 Alpha-numeric brand names

15. Descriptive brand
 the name describes a key benefit or aspect associated
with the product and services

16. Person-based brands
 with 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.

17. Associative brands
 this 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

18. Geographic brand names
 uses 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

19. Alpha-numeric brand names
 combination of letters and numbers (either in
numerical form or in script) to describe a product
service brand.