Legal Brand Consideration

Click to edit Master subtitle style CASE STUDY Group Members: Hira Jahangir Mustehsan Ali M Hammad Samran Abbas Mohtashim Riasat 5/24/12


The case study is about the trademark and its implementation.
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TRADEMARK

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Trademark as a mark is a visual representation which when attached to a good or service defines its trade origin and differentiates it from others.

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TRADEMARK STRATEGY

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Trademark Planning

Selecting a valid trademark Adopting and using the trademark

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Trademark Implementation

Effective usage of trademark in marketing efforts and decisions.

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Trademark Control

Ensure efficient use of trademark, preventing counterfeiting of trademarks and instituting suits for infringements of trademarks.

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Counterfeit & Imitator Brands

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In Asia 34% counterfeited goods are consumed and 64% are exported. P&G claims $150 million counterfeit sales in China 30% counterfeit products worldwide is being made in China 94% of software and 20% Western Brands are sold In in China whereas 24% in US.

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Historical and Legal Precedence

Brand name is a conditional type property. To preserve the brand role in identifying products, the author note that federal law protects brands from the actions of others that may tend to cause confusion concerning proper source of identification.

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With the case of confusion Simonson and Holbrook identify two things:

Trademark appropriation

Enhancing the image of a new offering with the use of some property aspects of an existing brand. That is appropriation resembles theft of an intangible property right so the owners of the strong brand should entitled all possible names which can create similarity with other brands.

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Trademark dilution

Weakening or reduction in the ability of a mark to clearly and unmistakably distinguish the source. To avoid that they observe that rights are: two brand related

1. The right to preempt and preserve areas for brand extension. 2. The right to stop the introduction of similar or identical brand names even in the absence of the consumer confusion so as to protect the brand image 5/24/12 and distinctiveness from being diluted.

Types of dilution
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Blurring: happens when the use of an existing mark by a different company in a different category alters the unique and distinctive significance of the mark. Tarnishment: when a different company employs the mark in order to degrade its quality such as in the context of a parody or satire.

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Cyber squatting: when an unaffiliated party 5/24/12 purchases an internet domain name consisting of the mark or name of a company for the purpose of
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Trademark Issues Concerning Names

Counterfeit Products manipulates the nonvigilant consumers. Counterfeit normally get success because the product has already successfully gone through awareness and adoption process. Similarly some of the Examples of counterfeit products in Pakistan Pepsi Sooper Vs. Super biscuits etc.

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A Name of a Product Could be

Generic

Xerox, Pampers Singapore Airlines, Toys R EBay, YouTube Apple, Starbucks Kodak

Descriptive US Suggestive Arbitrary Fanciful

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Criteria For Choosing Brand Elements

Memorable Meaningful Likeable Transferable Adaptable Protectable

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TRADEMARK ISSUES CONCERNING PACKAGING

Points to discuss Color Specific Design Structure

In totality, a complete appearance of the product can only be legally protected.

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Thank You