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Differences between a Trademark and Brand Marketing by Claire Jarrett
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Differences between a Trademark and Brand Marketing |
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Marketing
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Trademarks are registered product names, logos or phrases that are not used elsewhere. A brand can be trademarked, but it is not always so. Brand marketing is the promotion of a specific image or mood related to a brand. It is common for brand marketers to test a wide range of phrases, logos and commercials until they find a set that generates the desired customer appeal and interest. It is too costly to register all of these ideas with trademarks. Only the best catch phrases, logos and brand names are considered for trade marking. The marketing department then works with a legal team to trademark the logo if it isn’t already. Trade marking phrases is more difficult, since phrases can be used in day to day speech. If a phrase marketing recommends isn’t trademark-able but isn’t registered by someone else, it can still be used in marketing. If the phrase or logo is already trademarked, it cannot be used at all. If the logo or phrase is similar to someone else’s trademark, there is a significant risk of lawsuit for brand infringement. Causal uses of a term do not cause legal problems. But if you are engaged in brand marketing, similarities with someone else’s trade mark are likely to arise. If a brand name isn’t trademarked, it could be used elsewhere. Yet this can create conflicting impressions when the brand name is used. Brand names that are too close to generic words also create this problem. Brand names made up of several conventional and conversational words may be trademarked together to create a brand name, but the problem of promoting it as a brand image still exists. The pinnacle in brand marketing is when the word for a brand becomes the default word for a concept. When someone asks for a Kleenex, a trademarked brand name, they are asking for a disposable tissue, usually to sneeze on. The brand image is synonymous with the product. When someone in England is told to Hoover, it is to vacuum their room, regardless of the vacuum cleaner’s actual brand. Yet this can create problems for those seeking to market their own brand. Using the name of their own product along with the trademarked name becomes a possible infringement. For example, saying to buy XYZ Kleenex could cause legal trouble, because XYZ is not legally “Kleenex”. XYZ tissue is correct, but now loses the brand appeal of the instant recognition of “Kleenex”. Brand marketers who need this level of recognition are bound by the need to promote their own product without violating someone else’s trademark. Claire Jarrett is writing on behalf of Abacus Marketing, who offer marketing agencies London and Design agencies London
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