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Legal Brand Consideration

CASE STUDY

Group Members:Hira JahangirMustehsan AliM HammadSamran AbbasMohtashim Riasat


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The case study is about the

trademark andits implementation.


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TRADEMARK


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Trademark as a mark is a visual

representation which whenattached to a good or servicedefines its trade origin anddifferentiates it from others.


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TRADEMARK STRATEGY


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Selecting a valid trademark

Adopting and using the trademark

Trademark Planning


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Effective usage of trademark in marketing

efforts and decisions.

Trademark Implementation


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Ensure efficient use of trademark,

preventing counterfeiting of trademarks

and instituting suits for infringements oftrademarks.

Trademark Control


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Counterfeit & ImitatorBrands


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In Asia 34% counterfeited goods are consumed

and 64% are exported.

P&G claims $150 million counterfeit sales inChina

30% counterfeit products worldwide is beingmade in China

94% of software and 20% Western Brands aresold 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, theauthor note that federal law protects brands from the

actions of others that may tend to cause confusionconcerning proper source of identification.

With the case of confusion Simonson and Holbrook

identify two things:


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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 anintangible property right so the owners of the strongbrand should entitled all possible names which cancreate similarity with other brands.


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Trademark dilutionWeakening or reduction in the ability of a mark toclearly and unmistakably distinguish the source.

To avoid that they observe that two brand relatedrights are:

1. The right to preempt and preserve areas for brandextension.

2. The right to stop the introduction of similar oridentical brand names even in the absence of theconsumer confusion so as to protect the brand image

and distinctiveness from being diluted.


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Types of dilution

1. Blurring: happens when the use of an existing markby a different company in a different category

alters the unique and distinctive significance of themark.

1. Tarnishment: when a different company employs

the mark in order to degrade its quality such as inthe context of a parody or satire.

1. Cyber squatting: when an unaffiliated party

purchases an internet domain name consisting ofthe mark or name of a com an for the ur ose of


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Counterfeit Products manipulates the non-

vigilant consumers.

Counterfeit normally get success because theproduct has already successfully gone throughawareness and adoption process.

Similarly some of the Examples of counterfeitproducts in Pakistan

Pepsi

Sooper Vs. Super biscuits etc.

Trademark Issues

Concerning Names


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Generic Xerox, Pampers

Descriptive Singapore Airlines, Toys RUS

Suggestive EBay, YouTube

Arbitrary Apple, Starbucks

Fanciful Kodak

A Name of a Product Could be:


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Memorable

Meaningful

Likeable

Transferable

Adaptable

Protectable

Criteria For Choosing Brand

Elements


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Points to discuss

Color

Specific Design

Structure

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

TRADEMARK ISSUES CONCERNING PACKAGING


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ThankYou

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