Below is an excerpt from John McKeown's December Mailer where he discusses protecting brand advertising.
Brand Advertising
The term "brand execution" refers to the communication of the brand image to customers. The brand image is made up of individual consumer's perceptions of brand attributes and associations from which they derive symbolic value. Once established, the brand image defines the meaning that customers associate with the brand or, in short, what the brand stands for.
Brand execution is the total experience created by the brand owner. It begins with the way the telephone is answered and includes how products and services are delivered, quality and service philosophies, sales procedures, communications and value.
A brand association is anything that is linked in a consumer's memory with a brand. For example, McDonald's is linked to the cartoon character, Ronald McDonald. A link to a brand is stronger when it is based on many experiences or exposures rather than a few. The brand image is a set of associations organized in a meaningful way. A brand is positioned by emphasizing strong associations.
From the consumer's point of view the brand must deliver the image and the values it symbolizes. The brand is the brand owner's promise to consistently deliver the components which make it up. The promise operates at different levels which vary from product to product. For items which are commodities, tangible attributes and price may be more important but for products driven by image the emphasis is on the intangible.
The terms "brand position" or "brand positioning" are used to mean the message that a brand owner wishes to imprint in the minds of customers about its brand and how it differs from and offers something better than its competitors. Frequently, this is accomplished through advertising consisting of a motivating, persuasively communicated message that provides targeted prospects with a reason why they should consider and remember the advertised product as being able to deliver the brand owner's promise.
Advertising is an integral part of brand execution. It is important to understand how advertising can be protected and the legal rules applicable to it.
UPSTO Roundtable
I have been asked by both the American Bar Association and the Canadian Bar Association to attend at a round table meeting in Washington, D.C. on December 12 organized by the United States Patent and Trademark Office entitled "Ensuring the Accuracy and Integrity of the Trademark Register". I will be discussing Canadian Section 45 proceedings. These proceedings are of a summary nature and assist brand owners in removing dead wood from the Trademark Register.
Click here to read the entire mailer.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
