Numerous brands are vying for consumers attention in today’s market. To stand out and be remembered businesses need to come up with unique strategies. One novel strategy is to use Unconventional trademarks.
Special brand components that go beyond the standard company name logo or slogan are known as unconventional trademarks. They consist of unique hues noises scents forms and even textures. Some examples are the roaring engines of Harley-Davidson motorcycles the red soles of Louboutin shoes and the distinctive smell of a Singapore Airlines aircraft.
With an emphasis on appealing to the senses of sight sound smell and touch these remarkable trademarks seek to establish a powerful sense of brand identity. Through these unforgettable sensory experiences, the intention is for customers to emotionally and vividly recognize the brand.
Unconventional trademarks give companies a creative way to set themselves apart from competitors but there are important drawbacks as well. Scents or sounds that are distinctive in nature can be difficult to legally trademark. Additionally, there are cultural variations in the way that customers experience and react to different sensory stimuli.
The actual effects and ramifications of utilizing unusual trademarks in marketing and brand-building strategies are examined in this study. The study reveals the potential benefits of engaging with customers in innovative multi-sensory ways as well as the challenges brands must face through an analysis of successful real-world cases and consumer insights.
For businesses looking to create stronger emotional bonds with consumers in the current branding landscape the results are quite insightful. Additionally, the research offers recommendations for how trademark laws should change to accommodate the increasing usage of non-traditional brand elements.
Through the creation of a distinctive and memorable brand experience for customers unconventional trademarks like shapes colors sounds and scents can have a big impact on branding and marketing goals. Several case studies are provided here that show how businesses have improved their branding and marketing by using unusual trademarks.
Shape Trademark: Toblerone
Case Study: The trademark-worthy triangular shape of Toblerone chocolate bars is an essential component of the brands identity and advertising campaigns. It is a registered trademark. Toblerone has made the most of this distinctive shape by showcasing it extensively in their packaging advertising and even brand extensions such as airport stores designed in the image of the famous bar. Because of its enduring association with the Toblerone brand, the shape helps the product stand out on store shelves and is instantly recognizable.
Color Trademark: Tiffany & Co.
Case Study: The upscale jewellery brand is a registered trademark of the well-known Tiffany Blue color (Pantone 1837). Tiffany and Company. has developed a strong visual identity and brand recognition by consistently using this distinctive color in all of its marketing materials packaging and retail locations. Even in ads that don’t include the brand name or logo Tiffany Blue is so strongly linked to the company that it conjures up feelings of exclusivity and luxury.
Tiffany Blue’s financial influence is, therefore, huge. Analysts suggest that the color significantly contributes to the company’s overall valuation, which was reported at approximately $5.895 billion in 2019[1]. The brand’s successful acquisition by LVMH for $15.8 billion in 2021 underscores the importance of its trademarked color as part of its intellectual property portfolio[2]. It brings Tiffany away from its competitors and carries out the allure to even more affluent customers, especially to those in search of costlier items.
Sound Trademark: Intel
Case Study: The tech company is the registered trademark holder of the well-known five-note melody known as the Intel Inside sound. Utilizing this distinctive trademark Intel has used it in product launches advertising campaigns and even joint ventures with other businesses. Customers now identify the sound as being associated with the Intel brand and its products. Across a variety of touchpoints Intel has established a recognizable and cohesive brand experience by integrating the Intel Inside sound into their marketing.
These case studies show how brands can use unique trademarks as effective tools to stand out from the competition establish enduring brand associations and improve customer satisfaction. These trademarks have the power to evoke strong feelings and strengthen brand recognition and loyalty by appealing to various senses.
The use of unconventional trademarks sometimes referred to as non-traditional trademarks has grown significantly in recent years as companies look to stand out in a crowded market. These trademarks incorporate a variety of elements including sounds colors, shapes, scents and even textures in addition to the conventional word marks logos and symbols. Unconventional trademarks have a wide range of effects on branding and marketing strategies presenting advantages and disadvantages for companies. Let’s explore this subject in more depth.
- Brand Differentiation and Distinctiveness:
Among the main benefits of non-traditional trademarks is their capacity to establish unique and memorable brand identities. It’s hard for businesses to stand out in today’s crowded market because traditional trademarks are getting more and more common. Unconventional trademarks offer a special chance to set a business apart from the competition and make an impression on customers.
For instance, the recognizable shape of the Coca-Cola bottle or the distinctive sound of the Intel jingle can immediately elicit brand recognition and forge a deep emotional bond with consumers. Customers are more likely to remember and connect these non-traditional elements with the corresponding brands because they appeal to their senses and emotions.
2. Sensory Branding and Consumer Engagement:
When using sensory branding strategies unconventional trademarks help businesses engage customers in ways that go beyond visual and auditory cues. Increased brand loyalty and greater consumer engagement may result from this multimodal strategy.
For example, scent trademarks have the power to elicit strong feelings and leave a lasting impression. A certain perfume aroma or a unique fragrance connected to a brand can remind customers of happy times past or arouse particular feelings. Tactile trademarks on the other hand that appeal to the sense of touch like distinctive textures or materials can improve the whole brand experience.
Unconventional trademarks stimulate more than one sense making the brand experience more memorable and immersive. This can strengthen the emotional bond that consumers have with the brand.
3. Legal Protection and Competitive Advantage:
Securing legal protection for these distinctive brand components is one of the main benefits of registering non-traditional trademarks. Businesses can guarantee the uniqueness and exclusivity of their brand by securing legal protection which can stop rivals from using comparable assets.
Due to the difficulty rivals will have in copying or violating the unique qualities of the brand this legal protection can give a business a major competitive edge. For example, if a business registers a particular sound or fragrance as a trademark rivals are barred from using those same sounds or fragrances in their branding campaigns protecting the original brand’s distinctiveness.
Consequently, companies can preserve the distinctiveness of their brand and fortify their market position thereby increasing the difficulty for rivals to infringe upon their well-established brand identity.
4. Brand Extension and Diversification:
Using the strength of their current brand equity companies using unconventional trademarks can expand their brands into new product categories or markets. A business that has a registered scent trademark for instance might branch out into related goods like candles, home fragrances and personal hygiene products to profit from the association between their brand and the unique scent.
Hasbro Play-Doh odor is registered as a scent trademark. Although, it is mostly recognized as a modeling compound for children, this opens doors with respect to perhaps home fragrances, such personal care products or even playful items that based off of that well-known scent from childhood.
An enterprise possessing a registered sound trademark may also consider venturing into the entertainment or gaming sectors where their unique sound could find application in audiovisual productions like soundtracks or immersive experiences.
Businesses can reach new consumer segments and leverage their current brand equity with this brand extension strategy all the while preserving a recognizable and consistent brand identity across multiple product lines or markets.
5. Marketing and Advertising Campaigns:
Unconventional trademarks can be used to great effect in marketing and advertising campaigns giving customers a unified and unforgettable brand experience. As an example, a brand’s unique color or sound can be applied consistently to a variety of marketing channels including social media campaigns in-store promotions and television commercials.
Businesses may strengthen brand identification and brand recognition by incorporating these unconventional components into their marketing campaigns. In an increasingly cluttered and competitive media landscape trademarks that aren’t conventional can also act as attention-grabbing components of advertising campaigns assisting companies in breaking through the noise and piquing consumer interest.
CHALLENGES AND CONSIDERATIONS
Unconventional trademarks have a lot to offer in terms of branding and marketing strategies but in order to fully utilize these non-traditional assets businesses need to overcome a few obstacles.
Getting legal protection for non-traditional trademarks can be a complicated procedure. Non-traditional trademarks might need strong proof of acquired distinctiveness or secondary meaning to be registered in contrast to traditional trademarks which are distinctive by nature. To create the required distinctiveness this process can take a while and may need large expenditures in branding and marketing.
Furthermore, compared to traditional trademarks protecting and enforcing unconventional trademarks may be more challenging. It may be more difficult to establish infringement or defend the validity of the trademark when these non-traditional components are involved because they may be interpreted differently by the law.
Businesses also need to think carefully about how their unconventional trademark choices will affect culture and geography. Different cultures and geographical areas may assign distinct meanings or connotations to elements like colors, sounds or scents which may have an effect on consumer perception and brand acceptance.
For instance, a scent that is popular in one area might be disliked or associated negatively with another culture. Likewise specific hues or noises could have religious or symbolic meanings that affect how customers feel about the brand.
Kit Kat is an excellent example of perfect differentiation for products, mainly in Japan, where it has launched more than 300 unique flavors fitting to the region’s taste and cultural preferences. From locale-specific favorites to green tea, soy sauce, and sake, these flavors certainly meet the preferences people have for food in Japan, and a feeling of uniqueness is something appreciated in consumers. The name “Kit Kat” reminds one of the term “Kitto Katsu,” meaning “you will surely win,” which makes it popular as a gift especially before exam seasons. More than this, by embracing the idea of omiyage (souvenirs), Nestlé offers region-specific flavors, which help nurture region pride and encourage tourism. This strategy calls attention to the fact that any product that is developed needs to understand cultural and geographical factors, and elements like colors and flavors can carry cross-cultural different meanings, which affects consumer perception and brand acceptance very much. Before adopting unconventional trademarks, businesses must carry out in-depth market research and cultural analysis to make sure that the components they have selected will be well-received by their target audiences in all geographic and cultural contexts.[3]
CONCLUSION
In conclusion, the general and most important effect of non-traditional trademarks would be that companies are provided with a unique form of differentiation, emotional attachment to customers, enhancement of competitive advantages through increased recognition, and support in brand extension efforts. However, all this is achieved by prudently crossing legal complications and other challenges to utilize the unique experience through senses. When such trademarks are used effectively, they becomestrategic tool for companies to differentiate themselves and make their brand experiences meaningful and memorable.
BIBLIOGRAPHY
The Future of Non Traditional Trademarks in Brand Strategy, Trademark Registration – Protect Your Brand | Trademark Factory®, https://trademarkfactory.com/the-future-of-non-traditional-trademarks-in-brand-strategy (last visited Apr. 29, 2024).
Vivek Jhunjhunwala & Suryaksh Manot, Non-Conventional Trademarks: Meaning, Challenges & Role in the Metaverse, Lexology (Mar. 14, 2022), https://www.lexology.com/library/detail.aspx?g=a0eb3733-6d18-41ab-8571-992793397aac.
Lisa P. Lukose, NON-TRADITIONAL TRADEMARKS: A CRITIQUE, 57 J. Indian L. Inst., XXXX (2015), https://www.jstor.org/stable/44782501.
Challenges and Considerations in Registering Non-Traditional Trademarks, Trademark Registration – Protect Your Brand | Trademark Factory®, https://trademarkfactory.com/challenges-and-considerations-in-registering-non-traditional-trademarks (last visited Apr. 29, 2024).
Dr Mwirigi K. Charles & T. Sowmya Krishnan, Registrability of non-conventional trademarks: A critical analysis, 6 IJRAR, XXXX (2019).
[1]Tfl. (2023, May 2). What is the Value of Tiffany & Co.’s Trademark Blue Hue? The Fashion Law. https://www.thefashionlaw.com/part-of-tiffany-cos-value-the-intangible-asset-of-color-blue/
[2] Melissa. (2022, November 2). Tiffany & Co. – Luxury packaging done right. IPL Packaging: We Take Packaging Personally. https://www.iplpackaging.com/tiffany-co-luxury-packaging-done-right/
[3] Staff, B. (2024, October 15). Kit Kats: A Global Favorite with Unique Asian Flavors. Bokksu Market. https://www.bokksumarket.com/blogs/magazine/kit-kats-a-global-favorite-with-unique-asian-flavors
Authored by: Mr. Rahul Goyal
B.A LL.B (IPR Hons.), School of Law, KIIT Deemed to be University
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