TRADEMARKS MANAGEMENT

TRADEMARKS MANAGEMENT

 

Is the monitoring of a registered mark, name or symbol used in business or commercial enterprise. The management of a trademark includes keeping track of dates for renewals; enforcing the use of trademark and standards within a company; and monitoring trademark infringement, trademark use requests and trademark docketing. Managing a trademark is an essential task of a company whose brand image and name not only serve as the face of the company, but also signify the economic value and stability of the organization.

 
Includes overseeing the company’s portfolio of registered brands and new brands. Managers must file for national, regional and international trademarks and must research existing trademarks to see if someone else has pre-existing rights to the mark or brand. They also must record the trademarks with the customs or border protection agency to assist them in preventing goods from being imported into the country that are illegally using registered marks on their products. Managers also ensure trademarks are used within a certain period of time to meet all post-registration filing requirements and to ensure they do not expire.

 
Materials produced containing the trademark must use the mark correctly. Hiring a person or company to ensure the mark is used correctly on products and marketing materials not only maintains the consistency of a brand, but also prevents trademark disputes or challenges. Many companies partner with other organizations to create products and services, so co-branding materials are created. Managers experienced in trademark and intellectual property law have the experience to draft agreements to ensure the mark is used properly and that the co-branding will not jeopardize the company’s trademark claim. Managers also typically work with third parties to license images or other materials in their own marketing efforts and to ensure the company they are managing has the rights to the materials to avoid trademark infringement.

 
Enforcing the proper usage of a trademark and protecting the brand’s image and name is essential for any company wanting to maximize their brand’s marketing and economic power. Trademark management includes monitoring and investigating violations of trademark law. Managers will write and serve cease and desist letters, and they will follow up on cases and negotiate settlements. They will work with law enforcement, private investigators, intellectual property lawyers, Internet service providers and intellectual property associations to prosecute individuals who use the registered mark without permission. Sometimes, trademark management also involves organizing civil seizures or lobbying law enforcement for criminal investigations.

 
Trademark management also requires managers to maintain an up-to-date knowledge of trademark registration and local and international laws regarding intellectual property. Trademark managers are responsible for expense budgeting related to registering a trademark and using outside contractors such as lawyers or private investigators for services. They also maintain the database of all information and correspondence regarding the use of the registered mark.

BRANDING

BRANDING1

It is important to know what brands are. A brand is the idea or image of a specific product or service that consumers connect with, by identifying the name, logo, slogan, or design of the company who owns the idea or image. Branding is when that idea or image is marketed so that it is recognizable by more and more people, and identified with a certain service or product when there are many other companies offering the same service or product. Advertising professionals work on branding not only to build brand recognition, but also to build good reputations and a set of standards to which the company should strive to maintain or surpass. Branding is an important part of Internet commerce, as branding allows companies to build their reputations as well as expand beyond the original product and service, and add to the revenue generated by the original brand.

 

When working on branding, or building a brand, companies that are using web pages and search engine optimization have a few details to work out before being able to build a successful brand. Coordinating domain names and brand names are an important part of finding and keeping visitors and clients, as well as branding a new company. Coordination of a domain name and brand names lends identification to the idea or image of a specific product or service, which in turn lets visitors easily discovery the new brand.

 
Branding is also a way to build an important company asset, which is a good reputation. Whether a company has no reputation, or a less than stellar reputation, branding can help change that. Branding can build an expectation about the company services or products, and can encourage the company to maintain that expectation, or exceed them, bringing better products and services to the market place.

REBRANDING

rebrading

Rebranding occurs when manufacturers or marketers change a significant element of their brand’s composite identity. Such elements could be the colors, logo, brand name, brand message, brand slogan or punch line, etc. Besides these elements, most rebranding exercises also include a change in the marketing strategy and advertising theme of the product. The intention is to reposition the brand and the company in the market and recreate their image in the eyes of the consumers, investors, competitors, and all other major stakeholders. Rebranding is almost as expensive and time consuming a process as branding, if not more. Therefore, the decision to rebrand a product or a company is taken after considering a lot of significant factors and after concretely establishing and rationalizing the necessity of recreating or reinventing the brand.

 

The reasons for rebranding a product or service and a business slightly differ. A product or service may be rebranded when there is a merger, to accommodate and blend in the identity of the acquirer or the acquired brand. Another product rebranding scenario is when the manufacturer and the marketer of a product are two different entities and the product is question is sold under the marketer’s brand. This mostly occurs when such a product is manufactured at a unit which is geographically located at such that the production and operating costs are low. These are, then, sold by the marketer (a larger, usually globally known brand) under the aegis of their own brand. A corporate entity may undergo rebranding to differentiate itself from competitors, regain lost market share, revive its image, accommodate or communicate a change in its structure or business model, etc.

 

Personality brands are the images and perceptions associated with celebrities. For instance, Angelina Jolie is better known for her contribution to humanitarian causes than her movies and histrionic skills. She is a strong advocate of adoption and has walked her talk many times, as is evident from her efforts in that area. As a result of this personality branding, she has been made the UNHCR Goodwill Ambassador. Personalities are harder to rebrand as a personality brand comprises the name, public image, activities, celebrity status, and achievements of a person. Personality or celebrity brands are difficult to revive once their public image becomes negative. This is because personality brands are created around public figures and celebrities — people who the masses look up to and aspire to relate to on a personal level. There is an element of reverence here. Once that goes caput due to some unsavory revelation or negative act of the celebrity, people find it very difficult to put them back on a pedestal.