Chapter 4 – The Power of Trademarks in Modern Marketing
Apple’s Secret to Protecting Their Brand- Learn from the Best
If you want an example on how the Legal Protection that trademarks provide can save you money whilst maintaining exclusivity over your brand then look no further than Apple.
Major brands and businesses ensure that they have Legal Protection and Brand exclusivity. In fact, they fight against each other constantly to ensure that their products maintain exclusivity. Not only do they fight each other, they often use their size to intimidate smaller brands.
This sounds unfair right?
How can a boutique brand fight against the corporate giants that dominate the world?
Trademarks!
The legal protection trademarks provide cannot be understated. We recently wrote about the House of Zana, a small boutique clothing brand based in Darlington, beating Zara in a trademark dispute.
So… how does House of Zana stand firm against the might of Zara?
2 reasons:
1. Dealing in Facts not Opinions
It’s much easier (and cheaper) to give facts and not opinions.
If somebody steals your car and claims it’s theirs, you can prove them wrong without going to court, you have the cars V5 Document (logbook), it’s registered in your name at the DVLA which is a government organisation. It is almost impossible for anybody to argue with you.
The same argument goes if you come home and find out somebody has moved in. If you own your own home the Land Registry can confirm it.
You can own and operate a brand in the UK for 10 years but if somebody else registers the trademark with the UK Intellectual Property Office before you, then they could argue that it’s theirs and on paper it is. They can issue you a Cease-and-Desist letter, they can even try and sell your own brand back to you (it’s called Trademark Trolling and it’s on the rise).
Now, in reality, if you went to court and you are actually the brand owner and they’re just an opportunist you’d probably win provided you can convince the court on your “opinion” however it’s a lot easier when you have the “facts” on your side.
So, why risk putting yourself through that when a trademark costs less than 4p a day?
2. Exclusivity – Quick Action
Your Trademark provides you with proof of registration (you even get a certificate) with a government authorisation so you can ensure that only authorised parties can use your brand’s name and logo on merchandise.
This helps prevent counterfeit products (fakes) and helps you stop unauthorised use, protecting your brand’s reputation and revenue.
How would you feel if you saw counterfeit products using your branding?
What impact do you think this has on how your customers perceive your products?
Would they know they have a fake?
If you want a fake website using a similar domain, trading off your goodwill, to be taken down, do you think the person who owns the website is going to listen to your cease and desist letter? After all, they know they are passing off.
If you own the trademark you can go straight to the domain registrar, show them your trademark certificate and demand the site is taken down and the domain is passed to you.
The same goes for Google ads, Facebook, Instagram, the list goes on.
You save money and time by being able to take quick and decisive action by going directly to the platform, not the company you want to challenge. Quick action means less brand detriment.
If you want an example of brand enforcement in action look no further than Apple.
Apple is the prime example of a brand that is “cool”. Do you see people queuing around the corner for the last Samsung Tablet or Sony Smartphone?
Because they value their brand so much Apple very strictly controls use of its trademarks, including the iconic apple logo and the word “iPhone”.
You may have noticed that Apple only allows authorised retailers to sell genuine Apple-branded accessories, such as phone cases, chargers, and headphones. This helps them prevent distribution of counterfeit products so they can protect their brand’s reputation.
So how can you apply this to your brand?
The negligible cost of a trademark vs the potential costs and headaches that come from not having one are the reasons why we advise never to invest into a brand without first securing the legal rights to it.
Once you have it registered, as long as you monitor your sector, you can spot anyone passing off and stealing your goodwill. Your trademark will make it much quicker, easier, and less costly to enforce the rights of your brand.
What’s more, for less than £1 a day you can have real humans actively monitor your trademark, identifying potential infringements for you!
Sales Pitch (Sorry) – Companies like us will even handle all the tedious work of tracking and enforcement, allowing you to focus on what you do best – growing your brand and driving more revenue.
Can you think of a good reason why you shouldn’t trademark your brand?
We’ve covered some of the ways in which the legal rights TMs provide, can make you money and save you money.
If you have any questions on today’s topic, then please get in touch. We’d be more than happy to help!
