Adding a Pinch of Marketing to Intellectual Property
20-Dec-2015
By Dima Salahi, MBA
Special Clients Department – AGIP
TAGI, Gillette, Hermes, Twitter, and Microsoft are only few of the brand names that spring to mind. As explained by Wikipedia, “a name is a word or term used for identification”; persons, objects and businesses are always identified. When we assign a name to an entity, we are somehow making this entity personal. Businesses want to individuate their connection with their consumers; thus, they invest in brand names; they create a brand with a personality. Brand names and trademarks are interchangeable terms. Marketers want to create a brand while intellectual property practitioners want to establish a trademark.
Nowadays, markets and industries are becoming condense and overcrowded; competition is unescapable. New businesses need to protrude amongst the rest to be able to attract and retain loyal consumers. Brands/trademarks play an important role in delivering the business’s competitive advantage to the targeted segment and positioning the business’s services or products. The role of a trademark does not stop when it is launched; its role grows as the business grows; it even plays a major part in the growth of the business. Once consumers become familiar with a trademark and its quality, it is highly likable that they would buy any product or use any service using this trademark with absolute confidence, making a trademark a valuable asset for any business.
Being an effective communication tool, trademarks are the first item on a business’s agenda. Thus, when a trademark is being established, businesses should create a strong trademark that is fanciful or arbitrary; the likelihood of confusion should also be measured, mission and vision are kept in mind, a SWOT analysis is done, and brand positioning is studied. Interweaving marketing and legal perspectives helps a business create a strong trademark with a tenacious brand personality, which affirms that both perspectives are important pillars and of optimal value for any business.