Branding and Trademark Assignment

Lexie Fisher

CM 434: Media Law & Ethics

December 1, 2022
Introduction

Sometimes the best new product isn’t always the most innovative idea. Instead, it is

positioning a product through branding efforts to a new target audience. After seeing a lack of

creativity in the mosquito repellent industry, I developed branding around a new product that

would target young women. Skincare is trending for this market, yet they often forget to protect

their skin from pesky, disease-carrying mosquitoes. A product marketed specifically at them

could remind them that they need mosquito repellent.

Industry

The industry of my product is the mosquito repellent industry. A mosquito repellent is, “a

substance put on skin, clothing, or other surfaces which discourages mosquitoes from landing or

crawling on that surface,” (Mosquito Repellents). Why should you use a mosquito repellent?

Mosquitoes can spread viruses that can cause diseases, so using a repellent reduces one’s chance

of being bitten and contracting diseases (Mosquito Repellents). Common types of mosquito

repellents include coils, liquid vaporizers, sprays/aerosols, mats, creams and oils, etc. (Mosquito

Repellent Market Forecast, 2018).

Ingredients fall under two categories: natural and synthetic. Natural ingredients include

lemon eucalyptus, citronella oil, boy myrtle, etc (Mosquito Repellent Market Forecast, 2018).

Synthetic ingredients include DEET, picaridin, permethrin, and IR3535 (Mosquito Repellent

Market Forecast, 2018). While some natural mosquito repellents may work, those that contain

DEET (N,N-diethyl-m-toulamide) typically work the best (Mosquito Repellents). Repellents are

often sold online on eCommerce websites, but are also commonly found in supermarkets,

department stores, and pharmacies (Mosquito Repellent Market Forecast, 2018).

 During 2023-2027, the mosquito repellent market is expected to grow by $4,016.31

million and accelerate at a CAGR of 6.5% (PRNewswire, 2022). Factors that contribute to this

prediction include an increase in the number of awareness campaigns by government

organizations and an increase in the number of mosquito-borne diseases (PRNewswire, 2022).

Additionally, the demand in the market will increase due to an increase in the social media reach,

number of advertisements, and influencer/celebrity brand deals (PRNewswire, 2022).

Many of the leading brands and products are similar, particularly within the aerosol

sprays. A quick search shows the cans are similar in size and shape, feature the same brand

colors, and have the same distinct chemical smell.

Product

The new product I developed is an aerosol spray mosquito repellent marketed towards

young women. The repellent will not only keep mosquitoes away, but will act as a perfume. One

of the worst parts of using bug spray is that it has a terrible chemical smell that stays on your

skin and clothes for hours. Instead, this new product will feature a fresh, light and airy scent. The

target consumer will be more likely to purchase a mosquito repellent that smells nice. Another

key branding component is the product packaging. Bright shades of pink and green combined

with accents of mustard yellow and brown will make the product stand out. Because social media

and influencer marketing will contribute to industry growth, having a “pretty” product will be

beneficial in reaching the target. The branding inspiration lies from the film Troop Beverly Hills:

the outdoors, but make it girly.

Proposed Product Names

The first proposed product name is “Off-Limits Repellent.” The name implies that using

the spray will keep you “off-limits” to mosquitoes and other bugs. The second proposed brand
name is “Can’t Bug Me.” This name is both literal and figurative, as using the mosquitoes will

keep bugs off of you and from annoying you. Finally, the third proposed brand name is

“Repellion.” It is a combination of the words “repel” and “rebellion,” conveying the spray is

going against the traditional norms of mosquito repellent.

Brand Name #1: Off-Limits Repellent

Trademark Search

There were no exact queries for the trademark “Off-Limits Repellent.” However, there

were several live entries for the phrase “Off Limits.” The trademark “OffLimits” is registered in

the toy industry; the trademark “Off Limits” is registered in the wine industry; the trademark

“Off Limits” is registered in the plastic warning signs industry, and the trademark “Off-Limits”

is registered under men’s and women’s clothing. There are no live trademarks in the mosquito

repellent industry.

Domain Search

The domain offlimitsrepellent.com is available, which would be a favorable domain for

the brand. Additionally, the extensions .org, .net, .info, .biz, and .co are also available for

purchase.

Google Search

Searching for the brand name, a competitor product comes appears: the OFF! Brand. A

brand leader, OFF! carries a variety of mosquito repellent products. Another product that appears

further down the search page is Off Limits. The product is made by NaturVet and is a training

spray for dogs. While this name does not appear in my trademark search, the name is denoted

with the ™ marking.

Brand Name #2: Can’t Bug Me Repellent

Trademark Search

There were no exact queries for the trademark “Can’t Bug Me Repellent.” However,

there is one live entry for the similar phrase “Don’t Bug Me.” The trademark is registered under

pesticides for domestic use.

Domain Search

The domain cantbugmerepellent.com is available, which would be a favorable domain for

the brand. Additionally, the extensions .org, .net, .info, .biz, and .co are also available for

purchase.

Google Search

Searching for the brand name, the first item to appear is information to the question,

“What happens when you spray a bug with bug repellent?” The information comes from a

product listing on Amazon for Victoria’s Lavender Organic “Don’t Bug Me” Insect Spray.

Beneath that is information answering the question “What is the safest bug repellent?” The

information comes from a product page for the “Don’t Bug Me Insect Spray,” by Planet Natural.

Further down the page are several links to mosquito/bug repellants. They are produced by

different companies, but are all under the brand name “Don’t Bug Me.” Some of the companies

include Chagrin Valley Soap, Nourish, etc.

Brand Name #3: Repellion

Trademark Search

There is one registered trademark for “Repellion”, but it is dead. The trademark was for a

nutritional supplement for livestock.

Domain Search
 The domain “repellion.com” is taken. However, the extensions .net, .org, .info, .biz, and

.co are available. After visiting the website repellion.com, I found that the domain is currently

parked free, courtesy of GoDaddy.com. So, the domain could potentially be purchased (likely for

a costly price). Since the favorable .com extension was taken, I also searched for the domain

“shoprepellion.com.” This domain is available, along with the other extensions.

Google Search

Unlike the other brand names, no similar products appear in the search results. Instead, I

found a Super Mario microgame with the same name. The game appears in the 2003 Nintendo

game, WarioWare, Inc: Mega Microgames. Also appearing on the search results are several

pages questioning the correct way to spell rebellion.

Top Brand Name Recommendation

My top brand name recommendation would be brand name #3, Repellion. Brand Name

#1 has too many similar trademark matches (most notably to brand leader OFF!). “Off Limits

Repellent,” is similar enough to cause confusion among consumers. To avoid trademark

infringement, it would be safest to not use the name. OFF! is likely to win a trademark

infringement lawsuit since they are established. The new product should stand out, and a quick

search shows OFF! dominates any results page after searching with the words “off” and

“repellent.”

Also, there are too many products in the market with a name similar to Brand Name #2,

“Can’t Bug Me.” Even though it is different from the suggested brand name, using the name

shows a lack of creativity. The product would get lost among the similar names. Even the name

itself may not be trademarkable since it is a common phrase.

 So, brand name #3, Repellion, is the best choice. There was only one dead registered

trademark of the same name, and it was for a product in a completely different industry for a

different purpose. This will make registering for a trademark easier. Additionally, there is an

available website domain name. Although “repellion.com” is taken, “shoprepellion.com” is still

a viable option to use. Finally, there aren’t any products in the industry using a variation of the

name. The Google search results emphasize nobody is using this name yet.

Conclusion

Overall, the brand name Repellion is a great fit for the new product. Not only is it easy to

trademark and brand, but also it conveys the essence of how the product stands out amongst its

competitors. The name itself will be great for social media campaigns. For example, the hashtag

#JoinTheRepellion would work in an influencer campaign where influencers demonstrate how

the product is better than what’s on the market and encourage their followers to join them in

using the spray. It will also be easy to position the brand/product as a must-have item for girls on

the go. In the future, the subtle name allows the brand to expand their product line to include

related items (bracelets, creams, etc.).

 References

Mosquito Repellents. Commonwealth of Massachusetts. (n.d.). Retrieved November 30, 2022,

from https://www.mass.gov/service-details/mosquito-repellents

Mosquito Repellent Market Forecast Report, 2021 - 2031. Transparency Market Research.

(2018, September). Retrieved November 30, 2022, from

https://www.transparencymarketresearch.com/mosquito-repellent-market.html

PRNewswire. (2022, November 22). The global mosquito repellent market is expected to grow

by $4016.31 million during 2023-2027, accelerating at a CAGR of 6.5% during the

forecast period. Yahoo! Finance. Retrieved November 30, 2022, from

https://finance.yahoo.com/news/global-mosquito-repellent-market-expected-

142000237.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS

8&guce_referrer_sig=AQAAAMVZ4-

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 Supporting Documentation

Off-Limits Trademark Search

https://tmsearch.uspto.gov/bin/showfield?f=toc&state=4810%3Avnt5e.1.1&p_search=searchss&
p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24LD
&expr=PARA1+AND+PARA2&p_s_PARA2=Off-
Limits+Repellent&p_tagrepl%7E%3A=PARA2%24COMB&p_op_ALL=AND&a_default=sear
ch&a_search=Submit+Query&a_search=Submit+Query

https://tmsearch.uspto.gov/bin/showfield?f=toc&state=4808%3Ar1txgm.1.1&p_search=searchss
&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24L
D&expr=PARA1+AND+PARA2&p_s_PARA2=Off+limits&p_tagrepl%7E%3A=PARA2%24C
OMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Quer
y

Can’t Bug Me Trademark Search

https://tmsearch.uspto.gov/bin/showfield?f=toc&state=4808%3Ar1txgm.1.1&p_search=searchss
&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24L
D&expr=PARA1+AND+PARA2&p_s_PARA2=Can%27t+Bug+Me&p_tagrepl%7E%3A=PAR
A2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Sub
mit+Query

https://tmsearch.uspto.gov/bin/showfield?f=toc&state=4809%3Axo2q8h.1.1&p_search=searchss
&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24L
D&expr=PARA1+AND+PARA2&p_s_PARA2=Don%27t+Bug+Me&p_tagrepl%7E%3A=PAR
A2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Sub
mit+Query

Repellion Trademark Search

https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:xo2q8h.3.1