Well actually quite a lot is the brief answer to that as many companies spend considerable amounts of money on making sure their product is decoratively presented with packaging and imagery that all gives a certain "value" and distinctiveness to their product. However, whilst many businesses consider their brand and its presentation in some detail, the protection of that brand and how it looks can be something of an after thought.
A growing problem for many designer labels is the use of so-called "look alikes". Whilst these look alikes are often not exact copies, what the cheaper versions often achieve is the ability to evoke the same style trends, names or packaging concepts as the expensively designed variety of goods. Some brands manage to turn over new concepts so quickly that the follow on trend in look alikes does little harm. Others however suffer, as getting a new product and design to market can cost the company a fortune, only to find that 6 months down the line, cheaper look alike copies are available everywhere, and of course it is only the designer brand that has made the original investment in the names and designs.
One way round this is to use a well-known trade mark as part of the badging system on goods. A trade mark is an identity of the origin of goods. Trade marks arose as protectable, registerable intellectual property in the 19th century and in response to the makers of fine bone china who sought badges of origin to stop cheap copies coming in from overseas. Sound familiar? Hence, the pottery makers of England started to put their own small discrete marks on the bottom of china to denote the maker. These marks then become distinctive of the manufacturer, and the names Wedgwood and Royal Dolton became household names. In fact, even the use of blue in china became distinctive of Josiah Wedgwood’s process.
Today’s clever designers use their names prominently on their items for good reason. This is because their trade marks are extensively registered on a world wide basis, and the use of a registered trade mark by someone without permission can be a criminal offence. Take for example the use of Gucci on a handbag. Only Gucci or their permitted licensees can use the mark on a handbag. Use of the mark by others on handbags means counterfeit goods, and is strictly prohibited by the Trade Marks Act. That means of course that all the other potential look alikes have to design around the use of the mark. Not impossible of course but it makes life more difficult and protects the look.
There are other good reasons for registering your trade mark, but one of the most compelling is that increasingly trade marks are seen as valuable company assets, and are stated as such on the company balance sheets. Look at the goodwill that attracts customers to purchase when they see a name they trust, and you can soon see why names are so valuable. A registered trade mark is easier to protect, easier to licence out for revenue streams, and can be use to help finance the company with lenders. The cost of international trade mark filing has now been considerably reduced by the introduction of the Madrid Protocol. This allows one trade mark filing to go to numerous different designated countries for one application fee. So can you afford to trade mark your brand? Can you afford not to?
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.
