Well Known and Famous Trademarks – Actual ‘Celebrities’ of a Company
‘Imitation is the best form of flattery’ is a well-known saying. Who wouldn’t want to be copied, imitated and reproduced in every country without even having a physical presence there? A fine line divides popularity from notoriety. Iconic brands when hijacked by pirates without proper permission and authorization, when manufactured and sold to aspiring consumers, albeit at lower prices than the original merchandise, undermine brand equity and erode brand equity along with the credibility and reputation that the brand would have achieved. be associated with. This, therefore, is detrimental to the health of the brand. Brands naturally suffer in the long run and end up being notorious for their originality.
When are trademarks considered to be ‘well-known’?
Accelerated lifestyle changes combined with upward mobility have enabled the exposure and awareness of iconic, luxury and elite brands to a large cross section of the population and not just the target audience. Better mobile and internet connectivity, smartphones, tablets, phablets, more subscriptions to specific business publications such as fashion, auto, food and travel, beauty and lifestyle related magazines and brochures, etc., they have played an important role in improving the interface and user experience. . The televised broadcast of live shows, launches and ‘to do’ has elevated the status and value of the brand to mammoth proportions.
The term ‘well known’ is obviously self-descriptive. Trademarks known for arousing loyal patronage among the general public from all walks of life along with the target audience across a broad age group, consumer appreciation and association with such trademarks with high recall and retention Branding is what makes trademarks popular, famous and well known.
Tips for determining well-known trademarks:
Trademark Law differs between nations and is territorial. There is no ‘single’ International Trademark Law. However, many countries have reached a consensus regarding the protection of well-known trademarks in order to promote trade and guarantee entrepreneurs the security of their brand and, therefore, of their business.
The following points established by WIPO help countries to determine if a particular mark is well known or not:-
1. The degree of knowledge or recognition of the brand in the relevant sector of the public;
2. The duration, extent and geographic area of use of the brand;
3. The duration, extension and geographical area of promotion of the brand, including publicity or publicity and the presentation, in fairs or exhibitions, of the products and/or services to which the brand is applied;
4. The duration and geographic area of any registration and/or any application for registration of the trademark, to the extent that they reflect the use or recognition of the trademark;
5. The history of successful enforcement of the rights to the mark, in particular, the extent to which the mark was recognized as well-known by the competent authorities;
6. The value associated with the brand.
7. Actual and/or potential consumers of the type of goods and/or services to which the brand is applied.
8. People involved in the distribution channels of the type of goods and/or services to which the brand is applied;
9. The commercial circles that deal with the type of products and/or services to which the mark is applied.
Steps that make a brand ‘well known’:
It is important that trademark owners strive to achieve the above indicators, which go a long way towards obtaining ‘well-known’ status for their trademarks. The following steps could act as a primer in that direction:
o Constantly engage with consumers to ensure better brand awareness, coverage and market presence in all major markets and countries in which the brand owner intends to do business.
o Monitor that your brand is imitated, duplicated and reproduced without prior consent and authorization.
o Most countries follow the first-to-file rule. Therefore, be the first to file your proposed trademark as soon as possible to prevent spurious and counterfeit products from being manufactured and sold on the market alongside identical products.
o Ensure that a search is conducted to ensure that there are no similar or identical marks already registered or pending registration. This goes a long way to lessen legal and business hassles in the long run.
o If a trademark is already in use even for a while, provide trademark attorneys with the usage information while filing trademark applications. This will help establish priority over late market entrants, thus ensuring better rights.
o Make the trademark and brand work hard by licensing, franchising, selling, contracting with local businesses and companies so that the brand gets a good ‘push’ with the target audience. If not, seek to establish wholly owned or subsidiary companies and partnerships to manufacture and market goods and services through which the trademark and brand gain a valuable reputation and position with its consumers.
Thus, trademarks elevate brands to ‘celebrity’ status that are ultimately enjoyed and cherished for generations to come. There are many such iconic brands that have achieved the privilege of being considered precious heirlooms to be passed down from one generation to the next. Brands that are truly ‘well known’ are truly priceless and are worth much more than when they started their business journey, racking up stardom along the way.
