Below is an excerpt from John McKeown’s May 2017 Monthly IP Blog.
Brand Considerations
Consumers are faced with a multitude of product choices. Typically they seek to reduce the complexity of their buying decisions by focusing on key pieces of information. In order to influence the decision making process, a brand name should symbolize the image and values desired to be associated with the brand. The brand name chosen should reinforce the brand’s desired positioning by associating it with attributes which will influence consumer buying behavior. The brand name should also assure the customer that the goods or services associated with it will be of the quality or value the customer has come to expect.
The Trademarks Act
A brand name/trademark must distinguish the owner’s goods or services from those of its competitors. In this sense the trademark should be unique so that it is clear to consumers that all goods bearing the mark or services provided in association with it come from or are sponsored by the trademark owner. This will not occur if the mark name selected is confusingly similar with a trademark or tradename already in use by another.
A mark may also be presented in connection with a design component or logo. The design may become a symbol which represents the goods or services of its owner. Many people remember and respond to symbols more consistently than to words. The arch shaped design used by McDonald’s Corporation is a good example of the effectiveness of a symbol as part of a brand and as a trademark.
There are few, if any, conflicts between branding theory as it is applied to day to day branding and advertising and the principles arising from the Trademarks Act. Both fit together seamlessly, but is very useful to keep both in mind when selecting brand name/trademarks and carrying out day to day branding and advertising activities. More to follow in the next few months.
Not in My Backyard: Blocking Infringement at the Real and Virtual Border
I organized presentations concerning the effective use of border enforcement mechanisms and blocking injunctions in the U.S., Canada, the U.K. and the EU. The presentations were made at the 32nd Annual Intellectual Property Law Conference of the American Bar Association which took place in Arlington, VA on April 5th. I presented a paper concerning developments in Canada. Other speakers addressed the developments in the U.S., the U.K. and the EU. If you have any questions concerning this topic, please let me know. A copy of my paper is located here.
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These comments are of a general nature and not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer.