INTERNATIONAL BRANDING STRATEGY

THE LEGAL INSIGHTS

By: Nishant Kewalramani Head- IP Consultation and Strategy Brain League IP Services

AGENDA

Choosing a Mark Global Branding- Constants & Variables Trade dress Factors Affecting Fame Dilution- A Policing Strategy

WHAT IS A BRAND
Trading name/logo Identity Recognition Company Image

A source of promise to consumers. It promises relevant differentiated benefits. - Brad VanAuken (Author- Brand Aid)

CHOOSING A MARKTHE PROTECTION LADDER

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Fanciful Arbitrary Suggestive Descriptive Generic

THINK OUT OF THE BOX

Shape SoundSmell-Plumeria scent for sewing threads

BRANDING CONSTANTS

Basic Brand Identification - word mark/logo Brand Promise Corporate Slogan

BRANDING VARIABLES

Product names & related slogans Positioning Target Audience Pricing Association with parent mark- ideal

TRADEMARK FILING STRATEGY

Word marks offer broadest protection Logos ensure better connection with consumers and easy recognition of brand Black & white logo ensures broad protection over all color combinations Colored logo- closer association towards building a stronger brand

INTERNATIONAL PROTECTION
Registration in country of origin (persuasive value) Six month window- claim priority from national filing (Paris Convention) Keep an eye on Madrid Protocol File Smart- CTM, Aripo etc. Domain name same as/derivative of corporate name- may build common law rights world wide without registration

TRADEMARK TO TRADE DRESS

Trade Dress- Visual appearance of a product
y y y y y

Size Shape Design Pattern Packaging

Generally acquired distinctiveness.

FACTORS AFFECTING FAME

Knowledge or recognition in relevant section of public Duration extent and geographical area of of use Duration, extent and geographical area of promotion Duration of registration Record of successful enforcement

INFRINGEMENT V. DILUTION
Infringement Dilution

Similarity of marks Similar goods and services Likelihood of confusion Tests of judging similarity comparatively strict

Similarity of marks Goods/services may be dissimilar No confusion Presumed element of bad faith if any similarity found

DILUTION- THE POLICING STRATEGY
Planned strategy towards acquiring fame Continuous look out for similar marks Policing- even if dissimilar goods or services

Blurring- use on dissimilar products Tarnishment- use on unsavory products

THANK YOU
nishant@brainleague.com

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