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Protecting Trade Marks Designs business
related aspects
Mark Kennedy OHIM-General Affairs External
Relations Department
www.oami.eu.int
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Index

• Basic Marketing concepts
• The Marketing Mix
• Brands
• - Definition
• - Functions
• - Classes
• The weight of Brands in business strategy
• Branding challenges
• CTM vs. national marks
• The registration of CTMs-OHIM

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Basic marketing concepts

• Marketing is the art of selling. It implies
  goods, services, experiences, events, persons,
  places, information, ideas ...
• Marketers are skilled in stimulating demand for a
  companys products.
• Core marketing concepts
• - target markets and segmentation,
• - customers needs, wants and demands,
• customer value and satisfaction (value is the
  ratio
• between what the customer gets and what he
  gives),
• - marketing channels.

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The marketing mix

• Marketing mix is the set of tools that a
  marketer and its firm uses to pursue the
  marketing objectives in the target market.
• - The 4 Ps
• 1. Product
• 2. Price
• 3. Place
• 4. Promotion
• - The 4 Cs
• 1. Customer solution
• 2. Customer cost
• 3. Convenience
• 4. Communication

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Brand Definition

• A brand is a name, term, sign, symbol, or design
  or combination of them, intended to identify the
  GS of one seller or group of sellers and to
  differentiate them from those of competitors.
• A brand is an intangible but critical component
  of what a company stands for.
• A consumer generally does not have a relationship
  with a product or a service but with a brand
• - 3M invokes innovation
• - Hallmark stands for caring
• - FedEx means guaranteed delivery

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Functions of a brand
A Brand is essentially a sellers promise to
deliver a specific set of features, benefits and
services consistently to the buyers. A Brand is
even a more complex symbol Business identifier
Warranty of quality Goodwill Marketing
function
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Categories of brands
1.- According to the object 2.- According
to their recognition
Product mark
Service mark
Ordinary mark
Notorious mark
Reknown mark
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CATEGORIES OF BRANDS

• 3.- According to their extension
• National trademarks (USPTO, INPI, UKPTO)
• International trademarks (WIPO)
• CTM (OHIM)
• 4.- According to their nature

Word marks
Figurative marks
3D marks
Fortuna
Colour marks
Sound marks
Others
Olfativas The smell of fresh cut grass
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THE WEIGHT OF BRANDS IN BUSINESS STRATEGY

• A strong brand provides the Cy with several
  benefits
• loyalty drives repeat business
• - brand-based price premiums allow for higher
  margins
• strong brands lend immediate credibility to new
  products
• introductions
• strong brands allow for greater shareholder
  returns
• brands embody a clear, valuable and sustainable
  point of
• differentiation relative to the competition
• strong brands mandate clarity in internal focus
  and brand execution
• the more loyal the customer is and the stronger
  the brand, the more
• likely customers will be forgiving the
  companys mistakes
• - brand strength is a lever for attracting the
  best employees.

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THE WEIGHT OF BRANDS IN BUSINESS STRATEGY
The 5 levels of customer attitude towards a
brand (from the lowest to the highest) -
customer will change brands (price reasons)
no loyalty, - customer satisfied. No reason to
change the brand, - customer satisfied would
incur in costs by changing brand, - customer
values the brand and sees it as a friend, -
customer devoted to the brand. Brand equity
positions 3, 4 and 5.
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THE WEIGHT OF BRANDS IN BUSINESS STRATEGY

• Brand equity provides competitive advantages
• the company will enjoy reduced marketing costs
  because of brand
• awareness
• the company will have more trade leverage in
  bargaining with
• distributors and retailers (PUSH PULL
  strategies)
• the company can charge higher price because the
  brand has higher
• perceived quality
• the company can more easily launch extensions
  (the brand name
• carries high credibility)
• the brand offers the company some defense
  against price
• competition.

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BRANDING CHALLENGES
Managing brands requires to take several
decisions - To brand or not to brand? - Brand
name decision - Brand strategy decision - Brand
repositioning, packaging and labeling.
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BRANDING CHALLENGES

• To brand or not to brand?
• - In the past most products were unbranded.
• - Today hardly anything goes unbranded.
• - However there has been a return to no
  branding
• - consumer goods
• - pharmaceuticals
• Generics are unbranded, plainly packaged, less
  expensive
• versions of common products.
• Generics offer standard or lower quality at a
  price between 20
• and 40 lower than nationally advertised
  products.

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BRANDING CHALLENGES

• Brand name decision 4 available strategies
• Individual name. The company does not tie its
  reputation to the
• products. (Seiko introduces lower quality
  watches under Pulsar without
• diluting the Seiko name).
• Blanket family names. Development cost is less
  because of absence of
• name research (Heinz, General Electric
  introduce all their products under
• the same family name).
• Separate family names for all products.
  Companies invent different
• family names for different quality lines within
  the same product class
• (Mead Johnson uses Nutriment for gaining weight
  products, and Metrecal
• for weight reduction products).
• Company trade name combined with individual
  product names. The
• company name legitimizes and the product name
  individualizes (Kellogs
• Rice Krispies, Kellogs Corn Flakes).

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BRANDING CHALLENGES

• Brand name decision
• Options
• - name of a person (Honda, Esthée Lauder)
• - location (Kentucky Fried Chicken)
• - quality (Safeway, Duracell)
• - lifestyle (Weight watchers, Healthy choice)
• artificial name (Exxon, Kodak)
• Tips
• - Suggest something about the products benefits
• - Suggest product qualities such as action or
  color
• - Easy to pronounce, recognize and remember
• - Distinctive
• Should not carry poor meanings in other
  countries and
• languages

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BRANDING CHALLENGES

• Brand repositioning
• Even if a brand is well positioned, the Cy might
  have to
• reposition it because of
• - competitors
• - changing customer preferences.
• - 7-Up
• Packaging
• - Packaging has become a powerful marketing tool.
  
• Well designed packages creat convenience and
  promotional
• value
• Self-service, consumer affluence, Cy brand
  image,
• Innovation opportunities.
• Labeling

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