A trademark is a familiar sign, design or expression which identifies products or services of a specific source. It can be defined also as anything which takes a distinctive form terms, words, signatures, letters, symbols, titles, tax stamps, pictures, inscriptions, advertisements or packs or any other mark or a combination thereof, used or is intended to be used, either in distinguishing goods, products or services whatever their origin is, or to show that goods or products are owned by the mark owner by virtue of their manufacture, selection or dealing in, or to indicate the performance of a service. A trademark is one of the utmost valuable assets that an individual can possess. A trademark is not just a logo or a name, and it’s worth is not limited to the mark as such. A trademark is utilized in order to differentiate the services and goods of one trader to another. A trademark authorizes a business to exploit the market in order to entice customers, who permits them to recognize the marked good and likewise, …show more content…
The Red Bull registered trademark reserves exclusive rights to the product’s idiosyncratic logo, name, symbol and design, which identify and distinguish it from other products. In this case, Red Bull argued that the competitor was misleading customers into believing that its product was a Red Bull product or was endorsed by Red Bull due to its similar name and packaging, and hence carried the benefits and qualities that Red Bull offers. Red Bull one of the leading Austrian energy drinks has won their trademark Infringement case against a local importer of a drink product named ‘Bullfighter’. Red Bulls is a UAE listed trademark. They also have registered and received rights on their sign, name and enterprise. Here the court has found that the second company is misusing the registered trademark of Red Bull. They are trying to make clienteles believes that their product is a branch of Red Bull
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For Red Bull, competition in the energy drink industry is minimal. Red Bull competes with brands such as Monster, Rockstar, NOS and Amp. Among these brands, Red bull comes out to be the industry leader, with a market share of 43%. (Time 2015) Following behind the popular brand, is Monster, which is Red Bull’s largest competitor. This brand, who now has a long term partnership with Coca-Cola, (Time 2014) has a 39% market share (Time 2015) Other less popular brands fall in with lesser market share success. Rockstar is another competitive brand that markets to a similar target market. They enjoy only 10% of the market share (Time 2015) Red Bull also faces Nos, a brand owed by Coca-Cola. The product is named after nitrous oxide. NOS’ market share
A trademark is a distinctive indicator that used by a company or business to identify the brand, products or services. And the trademark can represent a logo, symbol, word and graphic. You can protect your logo or signature by applying/register through IPOS so that others will not have the chance to grab your ideas or even modify to look similar. Once acquired, a trademark can last indefi...
Red Bull owner Dietrich Mateschitz commented, "The most dangerous thing for a brand is low interest." (Gschwandtner) Red Bull is currently available in over 165 countries, resulting in over 35 billion cans sold. (Red Bull) While many companies try to push their products on consumers, Mateschitz decided to take a more personal approach towards attracting consumers and influencing them to make his product stand out and become their first choice. Red Bull's owner states that most of its success came from bringing consumers to the product rather than the other way around. (Gschwandtner) With events in the industries of sport, music, art, technology and adventure, there is little the company does that is not interesting to just about everyone.
After reading more about Red Bull, I began to notice their success as a company. Their strengths include their marketing and distribution power. Since the beginning, Red Bull has always paid close attention to their branding strategies. “The importance Red Bull gave to marketing was obvious from the fact that it spent over 30% of its annual turnover on marketing, while competitor’s only spent 10%” reported the Amity Research Center. Along with branding, differentiation was used with the can sleek style and creative logo. This was nothing like the world has ever seen, ultimately creating a unique brand for themselves.
“…Those bearing a trademark that is identical to, or indistinguishable from, a trademark registered to another party and infringe the rights of the holder of the trademark.” (Bian and Moutinho, 2011).
Trademarks and service marks or brand names which are officially registered in a (at least national) list of trademarks of this legal group may be marked with the registered trade mark, which confirms them the full protection of the trade mark. The registered trade mark symbol is an uppercase letter "R", which is usually represented in smaller letters and is added after the name of the goods and service mark. A trademark serves to identify goods or services using symbols, words, names or a device in order to distinguish from the competition. For example, a well-known name of a product creates trust and represents an economic value. A brand serves to mark the goods or services of a company and thus protects this "good name". This creation of a Trademark ® can take place in different ways as
Trademark is a word, symbol or phrase used for identifying a particular manufactures or seller’s products and distinguish them from other products. The overall purpose of Trademark law is to prevent unfair trade competitions by protecting the use of words, symbols logo design, name ect..Why because these are the key distinguishing things of goods and services of a firm. These laws protecting consumers by preventing firms and companies from using trademarks substantially similar to those of others. The main purpose of these laws is to avoid confusions regarding the identity and quality of companies and preventing the companies from diluting the marks of other’s. In present day world particularly in commercial market,
In brief, Canada’s history with trademarks can be traced back to pre-confederation in 1860, whereby the legislative council and Assembly of Canada adopted An Act Respecting Trademarks. Thereafter, the Trade-marks Act which is still in use today was enacted in 1953. Since that time, however, only minor changes have occurred within this Act. For instance, in 2005, the Canadian Intellectual Property Office (CIPO) wanted to modernize the Trade-marks Act. This included, but was not limited to changes to the regulation of non-traditional trademarks. This very brief historical overview shows Canada’s reluctance to make radical changes to the area of trademark law. This in turn creates a disadvantage for potential trade mark owners in Canada, as the law is not as comprehensive to cover areas such as non-traditional signs. Markets are constantly changing and with the innovations in technology, companies need these new and innovative ways to distinguish themselves in new ways to stay current in the marketplace and attract customers. Therefore with Canada’s stagnation in making changes in the law to in recognition of globalization and technological innovations, it puts Canadian companies at a disadvantage. However, with the passing of Bill C-35 it can be argued that slowly but surely, Canada will be on par with other jurisdictions around the world. This will shown by analyzing the current trademark law in the EU and US.
A trademark can be an essential platform for strengthening a company’s goodwill. A trademark entails any symbol, word, or phrase that can be identified with firm’s products and services. These items might be qualified as trademarks when they gain a signifying meaning among the company’s customer base (Maggs and Schechter 4). Nonetheless, the misuse of this proprietary asset can result in lack of legal protection and confusion among customers since it might be difficult to deduce the origin and identity of a particular product. As such, some companies have resorted to unconventional means of protecting their trademarks. This paper will discuss the trademark problems facing the assigned case study of VELCRO with reference to relevant statutory
One of the most important aspects of any business is its name. Our laws provide for a business to seek protection for its property. Congress established the trademark protections for businesses in the Trademark Act of 1881. It established a trademark law that applied to the interstate commerce clause in the Constitution (Busse, 2011). The trademark is considered one of the founding distinctions a company can own under our intellectual property laws. For consideration in this essay, we will discuss a very interesting court case that took place in the 1960’s. Back in the 1950’s, there were two restaurants legally established each with the name “Burger King.” In this case, two businesses were contending for the right to exclusively use
Red Bull is an energy drink that doesn't do well in taste tests. Some say it's too sweet. Others just shake their heads, saying, "No." Its contents are not patented, and all the ingredients are listed on the outside of the slim silver can. Yet Red Bull has a 70 to 90 percent market share in over 100 countries worldwide. During the past 15 years, the drink has been copied by more than 100 competitors, but such companies as Coca-Cola and Anheuser-Busch have been unable to take market share away from Red Bull.
Red Bull has becoming hugely successful and operates within the global soft drink marketplace. Within the soft drink industry its niche is the ‘energy drink’ market, of which Mateschitz was largely responsible for creating. Red Bull currently is the leading energy drink across the entire globe. It holds 70% of the market worldwide (Gschwandtner, 2004). Once the drink was passed by health ministries, Red Bull entered the Austrian market, soon thereafter then moved into Germany, United Kingdom and the USA by 1997.