Brand Identification: Measuring Brand Awareness (8) Flashcards
Recall that one _______ of a brand is identification.
function
What are two metrics for brand awareness?
brand recognition and brand recall
Does this survey/question gauge brand recognition or brand recall?
recognition
Does this survey/question gauge brand recognition or brand recall?
Recall
What is a trademark?
A trademark is a legally protected brand name, brand mark (including a logo), or a combination of these.
- Once a company has built up brand recognition for a brand name or logo, the last thing it wants is for another company to start using the exact same name or logo. This is where trademarks come into play.
Where can a company officially register a brand for a trademark?
the U.S. Patent and Trademark Office (USPTO) of the Department of Commerce.
A company or product can designate its registered trademark with the symbol ®.
How is a registered trademark designated?
R
What is the difference betweeen TM and R?
some companies have not officially registered their trademarks, either because they choose not to do so or because their particular situations did not qualify for trademark registration. These companies often use the symbol ™ to indicate a trademark, although it is not an officially registered one. Companies also use ™ in the interim when they are getting a mark registered. However, the symbol ® carries more benefits and provides stronger protection than that of ™.
What are the main aspects of trademarks?
- to prevent customer confusion
- to prevent companies from misrepresenting themselves, such as by impersonating another brand.
Can brands with similar names or logos legally operate in different industries?
Yes.
Sometimes, companies with similar or identical names will operate in very different industries. This is legally permissible when customers are not confused by the similarities between companies. However, if those companies were to operate in the same area and industry, customer confusion would likely result.
To be approved for an officially registered trademark, a name must be ______and not just commonly used to describe a product or its function.
distinctive
To be approved for an officially registered trademark, a name must be…
distinctive and not just commonly used to describe a product or its function.
For instance, a company that sells apples could not trademark the word apple to describe itself. However, for the company that sells Macs, iPhones, and iPads, Apple is a registered trademark.
Look through these different product names in the medical industry: Xarelto, Humira, Tylenol, Advil, Keytruda, are they distinctive?
yes.
Those product names are definitely distinctive and not descriptive as the product names don’t have any real meaning on their own. Because those names are distinct they are able to be registered with the USPTO and protected by trademark.
Some companies have developed such a connection and brand recognition around a certain ______ that they have trademarked it.
color
Just think of the stores Target and Tiffany’s. Most people have heard of “Tiffany blue” or can picture the exact shade of red that Target uses. These companies have consistently used the same color shade for years, and protecting their brands means protecting those colors.
Designer Christian Louboutin was recently in the news for his legal battle to protect his well-known “red-sole” luxury shoes. He argued that the color of the sole made his product distinctive and that he had a registered trademark for that shade of red in Belgium and the Netherlands. Although he has won previous trademark battles in the United States, the battle is still ongoing for his trademark protection in the European Union.
