When you want to protect a project or product, one of the alternatives is to register a trademark, and for this, we provide you with the basic information to identify what type of trademark may be yours. A brand is a name, term, symbol, or design associated with a product or service. Its function is to generate desire in the audiences, as well as to establish a symbolic value and satisfy expectations. In such a way that a brand builds an identity by positioning itself -brand identity-, and cover psychological needs and personal and social affirmation, such as safety, quality, affectivity, prestige.
The Brand Identity is made up of:
Name or Phonotype : For example, Chanel .
Graphics : For example, a drawing or color associated with the brand, which is not pronounceable.
Logo : The graphic representation of the name. The typeface with which it is written is the visual identity of the brand.
Sometimes the brand can also be associated with a sound – signature sound -, or perfume – signature scent -.
In the example of Chanel, the mission of the brand remains the same, devised by Coco, its founder: “Chanel is above all kinds of styles, fashions pass, but style remains” (1965), the brand bases its designs on elegance and simplicity, seeking to emphasize the passion and modernity of women of all times. His vision is “To be the best luxury home, which defines styles and creates desires, now and forever” (1965). In 2018, it was one of the four most important luxury brands in the world. It is ranked number 23 among the “best global brands”, being the second luxury brand that is part of this list (Interbrand, 2018). Currently, the brand has 310 boutiques around the world.
In 2018, with the We Love Coco Beauty House project in Los Angeles (United States), a Neuromarketing strategy was carried out, with Olfactory Marketing: when entering the store, a smell of leather and the Chanel # 5 perfume was felt, achieving the feeling of elegance and femininity, in those who entered the store.
Brands on the market are divided into various types, including:
Trademark : The manufacturer could silence its origin by making products with the brand of the customer who buys its production. The trademark refers to the place or person responsible for the trade.
Trademark: Company name of legal person. It does not have to match the business name.
Collective Trademark: The registry includes the various associated members for the commercialization of such product.
Nominative Brand : It has a legend, word or statement. It’s the name.
Unnamed Brand : Image, graphics.
Mixed Brand: Combination of language and image.
Three-dimensional Brand: Brand name and 3D logo.
Commercial Notice: Slogan.
Designation of Origin : Product with factors from a specific region. For example: Tequila Made in Mexico. Roquefort cheese made in the Causses del Aveyron region. Sparkling wine from the Champagne region of France.
According to the European Court of Justice, in 2002, and according to the Sieckmann criteria, a trademark must be clear, precise, complete in itself, accessible, intelligible, durable and objective. In 2015, Chanel won a complaint against an Australian chocolate shop, this case is an example of the importance of trademark law in the luxury industry. Alison Peck, who owns a chocolate shop in Australia, sought to register one of her products as “Number 5” chocolate. The Chanel Parfums brand issued a complaint since the typography and style of the label was especially similar to that of Chanel No. 5, so they requested to change said labelling and, if possible, avoid the implementation of the number 5. Peck agreed to avoid further trouble but declared that number five did not belong to them. In his case, the figure mentioned referred to the address of his store, located at 5 Main Street. However, he had to invest in reformulating the name and branding of his chocolates. If you wonder why Chanel’s law firm deals with a small chocolate shop in Oceania, we can remember that what the brand “sells” is exclusivity, uniqueness, aspiration, and being related to a long series of “others” this appreciation could be affected. For the same reason, the Christian Louboutin brand sued the Andrea company when it tried to sell shoes with the characteristic red sole patented by Louboutin. Previously, Louboutin filed legal action against other companies alleging their exclusive right to use the colour red on the soles of their shoes, including Dr Adams, Zara, Van Haren, and Yves Saint Laurent. It is argued that Louboutin was the one who in 1992 painted the soles of sneakers with enamel in red for the first time so that this became a benchmark of fashion and style.
To end this article, we will talk about what are the basic responsibilities that one acquires when owning a brand? Promote it. Maintain constant quality of production. Differentiate products and services from the competition through the use of labels, advertising, corporate image, promotional events. The owner or owners of a brand are responsible for the legal and illegal use of it. In the case of being a natural person, they acquire a personal and direct responsibility, while being the owner of a brand through a legal person protects the natural person according to the legal status of the company.
For example, in the case law in China, a case was filed in September 2005 by the holders of the trademarks Chanel, Burberry, Gucci, Louis Vuitton and Prada against the owner of the Xiushui Market – Silk Market – and against five sellers individuals who had identified themselves as trading with the plaintiffs’ brands on at least two occasions. The Court stipulated that the owner and the sellers were required to jointly pay compensation for losses, plus enforcement-related costs, totalling USD 2,500 In parallel with the civil proceedings, the Administration Beijing Municipal Department of Industry and Commerce (AIC) also started encouraging district administrations to impose fines on market owners. The first of these decisions was handed down in the Xicheng District in March 2005, followed by other judgments against other markets. A notice was sent to the main fashion markets of the city, informing sellers and owners that the sale of counterfeit items from 48 brands was prohibited. The owners reported that they had interrupted or terminated the rental contracts of hundreds of stores, in which one of the 48 protected brands were found to be sold. The Beijing mayor’s office encouraged the coalition to work with the Beijing Intellectual Property Office to coordinate the government’s efforts to address troubled markets. In summary; local and national governments are working to solve the problems of the fight against counterfeiting in the medium and long term.
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