April/May 2010 / Cover Story
Avoid Branding and Marketing Mishaps–an Overview
Marketing departments often rush to implement initiatives without adequately considering the legal implications. This can result in liability and reduce the effectiveness of branding and marketing efforts. This article suggests strategies to avoid these kinds of problems.
Choosing a distinctive brand name is fundamental. Brand names that have little or no connection to the products or services they identify (GOOGLE, APPLE) are the strongest and most easily protected trademarks. Trademarks that incorporate laudatory terms (BEST, GREAT) are weak and less valuable. Before adopting a new brand name, companies should obtain a search of U.S. Patent and Trademark Office records and common law sources to determine if the mark they have selected could infringe a competitor’s existing rights. Like major brands, secondary brands and model names also can be a source of infringement liability.
Brand owners should register all significant trademarks with the U.S. Patent and Trademark Office. Even though trademark rights arise from use of a mark rather than registration, federal registration of a trademark provides important legal benefits and puts competitors on notice. Register all primary brand names, as well as model names that have the potential for building brand equity. To avoid liability for false advertising, it is important to seek legal review of claims about the attributes of your products, including any environmental or “green” claims.
