"A trademark is the intangible sum of a product's
attributes: its name, packaging, and price, its history, its
reputation, and the way it's advertised. It is also defined by
consumers' impressions of the people who use it, as well as
their own experiences" – David Ogilvy.
It is widely known that the use of trademarks to identify a
product derives from immemorial times.
Primitive men made marks on the walls in order to mark their
passage or domains, manufacturers in Ancient Greece imprinted their
names and location in products marketed as quality and liability
public assurance for products produced.
However, only in the 20th century does the development of the
trademark as an economic and social phenomenon occur mainly due to
the emergence of advertising. The trademark then acquires
importance as added value enhancer element mainly due to mergers
and acquisitions, through which companies will be valued for their
intangible assets rather than for the traditional tangible
It is in fact at this point that the trademark begins gaining
importance as the main selling vehicle of products.
Among the various factors influencing a purchase decision, the
trademark is probably the strongest of all. In food industry the
trademark factor is of particular significance. Among other things,
in an area as diverse and sensitive in terms of public health, such
as the food area, the trademark establishes a competitive advantage
over competition, adds the product with values that lead consumers
to acquire it, secures loyalty of consumers, attracts new ones and,
above all, it holds the sole responsibility towards product
quality. A trademark associated with a quality product cannot take
the risk of identifying an inferior-quality product that could
jeopardize the health of consumers.
Food product consumers are becoming increasingly demanding and
taking into account, at the time of purchase, as relevant aspects
as those concerned with health, safety and quality. Now the
trademark not only has to ensure these values, but also has to
adapt to this reality and be able to convey confidence to the
In the food industry, the creation of strong trademarks is
particularly important. Indeed, a weak trademark is often penalized
by the consumer. In general, consumers, which in this area cover
all society levels, believe from the start that suppliers are all
the same and that they might easily switch from one to the other;
on the other hand, consumers tend to choose, preferably, the
cheapest supplier without major trademark loyalty.
In contrast, a strong trademark allows improved competition
withstand, provides easier customer loyalty and enables easier
price increase or maintenance.
Food industry has undergone major changes over the last decades
and consequently trademarks have followed this evolution.
A few years ago, the so-called "white goods" or
"white label products" seemed to be on the way to win
consumers over. By being packaged by supermarket chains and not
requiring advertising campaigns for their release, they allowed
reaching consumers at highly competitive prices compared to branded
products. However, these products were quickly replaced by own
branded products. And why? Because there is an essential difference
between a product and a trademark. The difference is that on any
shelf of any supermarket, a product is something that is
(sometimes) bought while a trademark is something that is (always)
chosen. The trademark binds the product to the consumer.
Another aspect of great importance is the trademark's
ability to adapt to changing lifestyles of consumers. Trademarks
that once identified only one product now identify a line of
products in order to adapt to changing tastes and needs.
"Coca-Cola" has launched "Coca-Cola Zero" to
meet the tastes of consumers who demand products with less sugar
content, "Becel" has reduced fat so as to show their
concern towards health, several trademarks have launched ready
meals to address the new pace of hallucinating lives marked by an
increasing lack of time to cook. Summer arrival brings with it the
expectation of novelties and surprises and then trademarks seek to
address these expectations by identifying new drinks, new flavors
and new packaging.
In short, in order to fully fulfill its task, a trademark must
be strong, bear values and be able to follow the evolution of
consumer habits and tastes.
La ponencia, que versa sobre los aspectos básicos de la Propiedad Industrial e Intelectual y sobre los litigios relacionados con este área, cuenta con el Grupo de Abogados Jóvenes de Barcelona como organizador del evento.
El Grupo de Abogados Jóvenes de Tarragona es una agrupación formada por abogadas y abogados del lustre Colegio de Abogados de Tarragona menores de 40 años o con menos de 5 años de ejercicio en la profesión y que tienen su despacho profesional abierto en alguno de los partidos judiciales de Tarragona, Valls o El Vendrell.
En 45 minutos haremos un rápido repaso de todas las novedades relevantes que, en el mundo de la Propiedad Industrial e Intelectual, se han producido durante en el transcurso del 2016, junto a nuestra previsión de los principales hitos que nos depara este nuevo año.
Queremos que los temas propuestos sean sólo aquéllos que más les interesen. A tal fin, hemos incluido los siguientes a partir de las consultas recibidas durante este año. No obstante, estaríamos encantados de contar con sus sugerencias.
1.The trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the Community under that trade mark by the proprietor or with his consent.
The UK government has not yet invoked Article 50 of the Treaty on European Union (this is likely to happen by the end of March), and the UK's actual exit from the European Union is at least two years away.
Without doubt Malta offers significant opportunities for the generics drugs Industry and the
evidence for this lies in the pharmaceutical patenting history of the country and in its legislative
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