tm vs branding conenilmnk,t)

8/7/2019 TM vs Branding conenilmnk,t)

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BROUGHT TO YOU BY:-

VIJAYVINODVIKASPRASADDEEPAK


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y The name, term, sign, symbol, or design, or acombination of these, that identify the goods orservices of one seller and that differentiate them fromcompetitors brands.

y The best brands convey a sense of a quality promise.


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Its the companys definition of what they haveto offer.

A brand is a product that has a personality.A promise to the customer.

What the customer knows about your specificproduct. Its your image.

How the company or product is perceived?


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A set of product perceptions by the consumer.

It is a personality developed over time.

A brand signifies a relationship with thecustomer.

It is the companys most valuable asset. Its alsothe main differentiator, the best defense againstprice competition, and the key to customerloyalty.Competitors can copy your features and benefits,

but they cant steal your brand.


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Branding is the process by which the name or theidentity of a company, an enterprise, an organization(etc.) is communicated.

Branding allows a company to differentiate itsproducts and services from the competition.

It is the way by which companies launch and sellgoods & services, communicating the essence of newproducts and lines.

It reflects in general a prestigious (aesthetic) image inorder to attract more consumers.


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For customers a brand offers:

1. A desired level of quality.Consistently

2. Psychological rewards fromownership

3. A means of distinguishing one brandfrom another

The brand image helps create loyalty.


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For t e company randingoffers:

1. A ea s f c icati feat res ae efits

2. A rt ity t create a s stai a

i a e3. C st er satisfacti a re eat rc ase

rt ity


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yy Brand nameBrand name: part of a brand consisting of wordsor letters that form a name that identifies anddistinguishes a firms offering from those of its

competitorsyy Brand markBrand mark: symbol or pictorial design that

identifies a product


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yy TrademarkTrademark: legal protection

which confers the exclusive rightto user brand name, trade mark,and any slogan or product nameabbreviation

y The red disk, brand name, anddistinctive bottle design are all

oca- ola trademarks


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y Examples:


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Trade marks: to distinguish goods (*)

Service marks: to distinguish servicesCollective marks: to distinguish goods or services by

members of an association

Certification marks

Well-known marks: benefit from stronger protection

Tradename (Brand name)


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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


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GlobalBrand 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, 2009)


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What to Avoid when selecting a

Trademark Generic terms: CHAIRto sell chairs

Descriptive terms: SW

EETto 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, officialhallmarks, emblems without a legal authorization


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Create inherently distinctive mark

Think about fanciful names as: Kodak

Arbitrary marks and logos as: apple for computers

Suggestive marks as : SUNNYfor heaters

A mark easy to memorize and pronounce, with a positiveconnotation and that fits product or image of the business

Has no legal restrictions or reasons for rejectionTM search>not identical or confusingly similar to

existing

Suitable for export markets with a corresponding domainname which is not already used


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(1) The national statute i.e., the Trade Marks Act,1999and rules made there under .

(2) International multilateral convention.

(3) National bilateral treaty.

(4) Regional treaty.

(5) Decision of the courts.

(6) Office practice and rulings(7) Decision of Intellectual Property ppellate Board.

(8) Text books written by academician and professionalexperts.


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The legal requirements to register a trade mark under theLegislation are:

The selected mark should be capable of being representedgraphically(that is in the paper form).

It should be capable of distinguishing the goods or servicesof one undertaking from those of others.

It should be used or proposed to be used mark in relationto goods or services for the purpose of indicating or so as toindicate a connection in the course of trade between thegoods or services and some person have the right to use the

mark with or without identity of that person.


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Term of registration of a trademark is ten years, whichmay be renewed for a further period of ten years on

payment of prescribed renewal fees.

Non-user of a registered trademark for a continuousperiod of five years is a ground for cancellation ofregistration of such trademark at the behest of any

aggrieved party.


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Only the proprietor of a trademark whose trademark hasbeen registered in India can use the symbol in India. Usingthe symbol unless your mark has been registered in India is

unlawful.

Using this symbol with your trademark simply implies that youclaim to be the proprietor of the trademark. There is no

prohibition on the use of the symbol in India.


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The penalty for selling or providing services using afalse trademark is a minimum of six months and

maximum of three years Imprisonment and with fine

not less than Rupees fifty thousand but which mayextend to Rupees two lakh.


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Trademark vs. Brand

Trademark Brandy A trademark is legally

registered to representsomething, usually a

business

y Abrand is a name, logo,

slogan, and/or designscheme associated with a

product or service.

ars, for exampleThe trademark of German vehicles is the famous initials

BMWWhereas the brand is the car itself


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tm vs branding conenilmnk,t)

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