Pick Me! Trademarks, Marketing and Brand Competition by Melissa Gordon

Ever since advertising was invented, brands have been going out of their ways to promote their product in whatever way they can possibly do so. Anyone who has ever been chased through a mall by a giant can of soda will agree with this. There is something almost aggressive about the way of promoting a product by putting a logo on it that will be recognized by everyone who looks at it. But in another way, it is quite similar to the human practice of putting our signatures on a letter or other form of written document. Trademarks are a way of ensuring that we (or our products) will be recognized for who we (or what they) are.

A good trademark will be not only recognizable, but more than that it will be impossible to mistake for anything else. There has of course been some blurring of that particular line, in cases where a supermarket will brand its own-brand cola to imitate the appearance of a market leader. The thinking behind this is obvious. Thirsty consumer enters supermarket, looks at line of products in something of a hurry, picks up the one they recognize and pays before leaving the supermarket to enjoy their beverage. They then look a bit closer as they go to open the drink and see that instead of having bought the famous brand, they have bought a cheap imitation.

That, at least is the idea. But it happens so seldom that the supermarket might as well go for a completely original livery. People will still buy their product quite regularly if it is drinkable, because it happens to be cheaper.

Another recent development in the world of trademarking is to go for extremely garish product branding as a way of attracting the eye of the customer. It may not look refined, but it looks different from the line of three or four similar products and therefore gains the attention of the consumer. They then read the product description and, seeing that the product makes some quite bold claims as to its effectiveness, purchase it. Perhaps not a sophisticated approach, but one that is undoubtedly effective.

The importance of effective branding cannot be underestimated in a world where recognition is important to the company’s bottom line. A successful branding policy can make all the difference. Companies who take a forward thinking line in terms of branding will usually be successful in selling more of their product. An attempt to make your product attractive by copying the trademarks of other brands may work in terms of bringing in a few more sales, but it is important to make it distinctive enough, because directly copying opens you to accusations of plagiarism and trademark infringement. Any advantage in terms of sales may very quickly be wiped out by loss of revenue from a lawsuit, and further harmed by the loss of reputation. It is important to understand these principles of branding, because the successful companies will be the ones who are recognized as marks of quality.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.

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LegalBuffet.com is a complete online resource that compares the legal services offered by various online companies. If you need help with a registered trademark, find the best company for you at http://legalbuffet.com/trademark-services/.