Professional Documents
Culture Documents
Caroline Schwab - Program officer Small and Medium-Sized Enterprises Division WIPO - World Intellectual Property Organization
Branding and trademarks are keys to success in business and in the global market
YESTERDAYS OPERATION: - Technology Brands - E-mails Campaigns - PR in place of advertising - Viral Marketing TODAY: - Lifestyle Brand - Authenticity Marketing - Product Placement - Viral Marketing - Brand Culture
What is Branding
Branding -- is the process by which the name or the identify of an owner, a company/enterprise or organization, is communicated. Branding allows a company to differentiate its products and services from the competition by creating a bond with its customers. It aims to create customer loyalty. This way, a company takes a position in the marketplace.
What is Branding
A way by which companies launch and sell goods & services. A brand name is sometimes made of a part or the totality of a trademark name It communicates the essence of a products or its line, including why it is great and how it is better than all competing products. It reflects in general a prestigious (aesthetic) image in order to attract more consumers.
SUCCESSFUL BRANDING
Attracts / catches the consumers
Developing a brand is part of every strategic business plan Target what customers care about: articulate precise values and qualities that are relevant and of direct interest Emphasize features that are both important to consumer and quite differentiated from competitors Communicate constant innovating brand image at all levels of operation
THE PINK PANTHER IS A WORLDWIDE PROTECTED CHARACTER USED AS A MARK, AS A COPYRIGHT & AS AN INDUSTRIAL DESIGN.
10 POINTS ABOUT TRADEMARKS 1. Product or service Image (Identity) 2. Distinguish goods or services among others 3. Play a pivotal role in the branding/marketing Strategy 4. Can be extended to any country 5. Defines a certain image - builds a reputation 6. Is a marketing tool - enabling licensing & franchising 7. Is a valuable IP business asset 8. Encourage companies to invest, maintain and improve product quality 9. Once protected, are useful for obtaining financing 10. Can be put in the stock exchange
What is a Trademark?
A BRAND NAME - A KIND OF VISIT CARD THAT PROMOTES THE IMAGE OF A COMPANY AND ITS RANGE OF GOODS & SERVICES. A sign distinguishing goods or services produced or sold by one enterprise (from those of other enterprises).
A TRADEMARK IS MADE OF : Any Distinctive Words, Letters, Numerals, Pictures, Shapes, Colors, Logotypes, Labels
Examples:
Three-dimensional signs (shapes of products or packaging) Audible signs (sounds) Olfactory signs (perfume)
Types of Trademarks?
Trade marks: to distinguish goods Service marks: to distinguish services Collective marks: to distinguish goods or services by members of an association Certification marks Well-known marks: benefit from stronger protection Tradename (Brand name)
1. 2. 3. 4. 5.
COCA-COLA 67.52$ billion MICROSOFT 59.95$ billion IBM GE INTEL 53.37$ billion 46.99$ billion 35.58$ billion
PRACTICAL ASPECTS
Creating/selecting a trademark after CLEARANCE searching worldwide that there is not a similar one yet legally protected Avoid IP offices refusals or oppositions Protecting a trademark through national, regional and WIPO registration system (Madrid & Protocol) Using and maintaining a trademark (paying fees, following notification of refusals, extending territory) Enforcing a trademark by Innovating (new products)
MARKS CONTRARY TO PUBLIC ORDER and MORALITY AVOID USING FLAGS, ARMORIAL BEARINGS, OFFICIAL HALLMARKS, EMBLEMS WITHOUT LEGAL AUTHORIZATION
The Madrid system for the international registration of marks (the Madrid system) established in 1891 functions under the Madrid Agreement (1891), and the Madrid Protocol (1989) are administered by the International Bureau of WIPO located in Geneva, Switzerland. This system for an international protection of Trademarks and Brands is adopted by more than 70 member states of WIPO, members of the MADRID UNION
Madrid System for the International Registration of Marks The Madrid and the Protocol system offers the possibility to record a trademark in 78 countries at once. However, owners has to go through their own national office to present their request to WIPO WIPO HAS MADE POSSIBLE A FREE SEARCH ONLINE OF ROMARIN
INFORMATION ON TRADEMARKS RECORDED AT WIPO.
http://www.wipo.int/madrid/en/services/
MANY REGISTRIES FOR SEARCH ARE AVAILABLE IN THE PRIVATE SECTOR OR VIA THE IP OFFICES, COUNTRY BY COUNTRY.
SCOPE OF RIGHTS
THE EXCLUSIVE RIGHT TO USE THE MARK THE RIGHT TO PREVENT OTHERS FROM USING AN IDENTICAL OR SIMILAR MARK FOR IDENTICAL OR SIMILAR GOODS OR SERVICES THE RIGHT TO PREVENT OTHERS FORM USING AN IDENTICAL OR SIMILAR MARK FOR DISSIMILAR GOODS OR SERVICES
KEEP IN MIND
THE TIME IT TAKES TO REGISTER A TM THE COSTS ASSOCIATED WITH TM PROTECTION THE NEED FOR A TRADEMARK SEARCH - FREE AT WIPO A TRADEMARK AGENT MAY BE REQUIRED PROTECTING AT HOME AND ABROAD RENEWING YOUR REGISTRATION & PAYING FEES
USING A TRADEMARK
ACTIVELY USING A TM USING/MAINTAINING A TM IN MARKETING AND ADVERTISING USING THE MARK ON THE INTERNET USING THE MARK AS A BUSINESS ASSET
ENFORCING TRADEMARKS
RESPONSIBILITY OF TM OWNER TO IDENTIFY INFRINGEMENT AND DECIDE ON MEASURES CEASE AND DESIST LETTER TO ALLEGED INFRINGER WIPO ENFORCEMENT PROGRAMS -
COOPERATION WITH CUSTOMS AUTHORITIES TO PREVENT COUNTERFEIT TRADEMARK GOODS ARBITRATION AND MEDIATION (PRESERVE BUSINESS RELATIONS)
sme@wipo.int