Brands
What is a brand?
A brand (or a trademark) is a legally protected identifier, such as a name, logo, symbol, word, slogan or combination thereof, that identifies and distinguishes a product or service from those of competitors. It gives the owner the exclusive right to use the trademark for specific goods or services within a certain geographical area.
Key features of a brand:
- Id: It helps consumers recognise and trust products or services.
- Protection: It prevents other companies from using the same or a confusingly similar sign.
- Value creation: A strong brand can add significant value to a business through brand awareness and loyalty.
Trademarks can be registered with a national or international body, such as the Benelux Office for Intellectual Property (BOIP) or the European Intellectual Property Office (EUIPO), to ensure legal protection. They play a crucial role in branding and marketing strategies.
Different types of brands
There are several types of brands that companies can register to protect and distinguish their brand identity. Below is an overview of the main types:
Wordmarks
A brand consisting only of words, letters, numbers or a combination of these.
Example: "Nike" or "Coca-Cola."
Logos
A brand that includes a graphic element or design, often without words.
Example: The Apple logo.
Combination brands
A combination of a word brand and a figurative brand.
Example: McDonald's logo with the name "McDonald's."
Colour marks
A specific use of colour that distinguishes a brand, provided the use of colour is unique and applied consistently.
Example: Cadbury's use of purple for chocolate packaging.
Mould marks
A unique three-dimensional shape that distinguishes a product or packaging.
Example: The shape of the Coca-Cola bottle.
Sound marks
A distinctive sound associated with a brand.
Example: Windows startup sound.
Fragrance brands
A brand based on a specific fragrance. This type is rare as it is difficult to accurately describe and register a scent.
Example: The smell of freshly cut grass for tennis balls.
Movement marks
A brand consisting of a moving image or animation.
Example: The spinning triangle in TriStar Pictures' introduction.
Hologram brands
A brand using a holographic image to differentiate a brand.
Example: image on a banknote
Pattern marks
A specific pattern that is unique and recognisable to a brand.
Example: Louis Vuitton's checkerboard pattern.
Position brands
A position mark consists of the specific way the mark is placed or applied on a product.
Example: Yellow stitching on Dr Martens shoes.
Multimedia brands
The multimedia brand is a brand that consists of or can be fully reduced to a combination of images and sound.
Example: Roaring lion from MGM.
Why Different Types of Brands?
Diversity in brands offers companies flexibility to reinforce and protect their brand identity through different senses (visual, auditory, etc.), which helps with recognition and brand loyalty.
A registered brand gives an exclusive right for a certain sign, for certain goods and services, for a defined territory, for a period of 10 years. A trademark must be used as filed.
Form requirements for a Brand
There are several types of brands that companies can register to protect and distinguish their brand identity. Below is an overview of the main types:
Distinctiveness
A brand must be able to distinguish a company's goods or services from those of other companies.
Example: A unique name like "Adidas" stands out clearly from generic terms like "shoes."
Marks that are purely descriptive (e.g. "Bakery" for a bakery) will not be accepted.
No Descriptive Character
A brand should not be merely descriptive of the goods or services for which it is applied for.
Example: The word "Car" cannot be registered as a trademark for a car company because it is too generic.
Graphic Display
It must be possible to display the brand clearly and unambiguously, for example in text, image, logo or sound. This is necessary to establish what exactly is being protected.
Example: A word mark such as "Shell" can be displayed in letters, while a logo is displayed graphically.
Not Misleading
The brand must not mislead consumers about the nature, quality or geographical origin of the goods or services.
Example: A brand named "Italian Leather" may not be used for products that are not made of Italian leather.
Not contrary to public order or good morals
A brand may not contain words, images or symbols that are offensive, discriminatory or against the law.
Example: Insulting language or symbol use will be refused.
Original and Not Similar to Existing Brands
The brand must not cause confusion with an already registered brand offering similar goods or services.
Example: A brand name similar to "McDonald's" for a fast food chain is likely to be rejected.
Conclusion
The conditions aim to ensure that brands are unique, clear and non-misleading. By meeting these conditions, a brand can be effectively protected and contribute to a company's brand identity.