Brand Protection On The Rise

by Sunanda K. Chavan on Tuesday 28 December 2010, 3:57 PM | Category: Marketing| View: 1120 views

Brand Protection On The Rise  


Brands depict trust and confidence and are the reason why consumers follow them. What brand communicates to the consumers is the value ethics and company policies to the consumers. The high involvement of consumers and the burden of buying a quality branded product is lowered once they trust you for the type and quality of product you are providing them. The established brands in the market can easily capture the market through their marketing strategies. With an ever increasing competitive environment in which the modern business is operating, the value of brand has never been more important.  Enormous amount of investment in branding & building of a successful business that provides the community it serves with high quality products and services - and this quality and reputation is encapsulated and communicated through the brand.

Be upfront with the trade about what you are claiming as trade dress. Don't try to set traps for unwary private labelers.

Create a trade dress that is new and different, not one with only subtle or inconsequential changes to existing trade dress. This rule is especially important where the brand has allowed itself to be surrounded by similar looking private label products in the past.

Use a proprietary legend on unregistered trade dress, like: "The design of this package and the label graphics are trademarks of .

Register the trade dress as a mark and then use a registration notice that clearly identifies the trade dress as a protected feature.

Make sure the trade dress you are claiming is nonfunctional. A revised bottle design that provides a distinct advantage over earlier bottles may be functional and not capable of protection as trade dress.

Before a company uses a chosen brand name, it should do clearance searches in all of the jurisdictions in which it is likely to use the brand.

This will ensure that the brand name will not infringe any existing third party registrations. Failure to do so can result in infringing products being pulled from shelves, product packaging being destroyed and damages having to be paid to the rightful owner, not to mention the significant costs involved in rebranding the infringing products.

Traditionally brand management was used to deliver good news to counter bad news, for example a pharmaceutical company could offset bad news headlines by using this service to promote good news or counter statements.


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