Trading on name and reputation
CIPAM team
In the November edition of Teacher Plus, we talked about patents and how our world is full of exciting and important inventions, as well as the importance of protecting the same. We also discussed a couple of ways in which we can introduce the subject to the students.
In this issue we introduce our readers to the colourful and fascinating world of trademarks. To understand trademarks, one only needs to take a look at the world around them. From a safety pin to a rocket, every product under the sun has a name, or more specifically, a brand associated with it, which helps us identify, distinguish and choose from an array of options. If a person, company or place has a reputation for producing something valuable, then where the product comes from and who owns it, becomes very important. For this reason, trademarks are considered an essential intellectual property right. But how do we define trademarks? What is their relevance in our lives?
What is a trademark?
A trademark is any word, name, or symbol (or their combination) that helps us identify the goods made by a company. Trademarks also let us differentiate the goods of one company from the goods of another. In a single brand or logo, trademarks can let you know many things about a company’s reputation, products and services.
Introducing the subject to students
While talking to students lead them into the subject by asking simple questions with reference to Figure 1, such as:
• Which companies/names do the above logos belong to?
• What is name of the toothpaste they use?
• Which soap/shampoo do they use?
• What is their favourite car?
• Which shoes do they wear?
• Which is their favourite food joint?
As students give answers to these questions, ask them how these names/brands came into being. The answer is simple – we as consumers often make our purchasing choices on the basis of recognizable brands through their trademarks. Thus, a “trademark” ensures that different brands can coexist without overlap to enable a consumer to determine the source of a certain product.
Broadly, trademarks are divided into two categories: conventional marks and unconventional marks.
Conventional marks
Conventional marks include word marks, logo marks, service marks, collective marks and certification marks.
i. Word marks – are made up of words, letters or numbers (or their combination. For example, IRCTC).
ii. Device marks – refer to logos and visual symbols, such as the Air India logo.
iii. Service marks – signify the source of a service. For example, India Post for national postal services.
iv. Collective marks – are marks which belong to an association or an association of individuals. For example, Institute of Chartered Accountants of India (ICAI).
v. Certification marks – are used to signify that the goods or services of a brand meet a particular standard, as defined by the certifying body owning the certification mark. For example, AGMARK for agricultural products, WOOLMARK for woollen products and FSSAI for the quality of packaged food products.
Unconventional marks
i. Sound mark – signs perceived by hearing, distinguishable by their distinctive and exclusive sounds can be registered. Eg. Yahoo, Yodel.
ii. Colour mark – If colour becomes a distinctive feature for indicating source it can be registered. E.g. Purple for Cadbury.
iii. Shape mark – When the shape of goods, packaging has distinctive features, they can be registered. For example, the shape of the Coca Cola bottle.
iv. Smell mark – Smell is distinctive and associated with certain products can be registered. It is not protected in India.
Term of a trademark
In a sense, a trademark is forever. A trademark is initially registered for a duration of 10 years. However, unlike other intellectual property rights, trademarks can be renewed every 10 years. Registering a trademark gives its owner the exclusive right to use the trademark in respect of goods/services; and take legal action in case of infringement, i.e., if someone uses it unfairly, copies it or uses similar marks to sell counterfeit products.
Importance of trademarks
As part of a classroom activity, ask the students to identify the 10 brands hidden in the word search and the product associated with the same. The answers are highlighted for the benefit of the teachers:
Take the opportunity to explain to the students that the main function of any trademark on the product is to enable the consumers or the general public to identify the source of the product (which brand it belongs to) as well as to be able to compare it with similar products provided by competitors.
A consumer base is thus created when a certain product is liked by the consumer for its taste, goodwill, quality, or other features. As consumers, they are more likely to purchase the same product on a habitual basis or purchase products from the same brand/owner of the trademark. This ensures that there is competition amongst trademark holders and a variety of products are available as choices for consumers.
Based on certain simple yet desired qualities or features that are embodied in the products that bear the trademark, a sentimental bond is developed by the consumer. As beneficial as this is for the trademark owner, trademarks become an important incentive for brand owners and companies owning the trademark, in bettering the quality of the products and make investments for product maintenance, so as to create a positive impact in terms of the reputation of the product.
Having fun with trademarks
Another fun game that the teachers may conduct as part of classroom activity is the Slogan Trivia given here. This activity uses slogans of some of the most popular brands to reinforce the significance of trademarks amongst the students.
Conclusion
Trademarks imbue a product with the same importance that a name gives to an individual. Each individual is known by their name and if they don’t have that name, how will they distinguish themselves? Hence, trademarks are an asset to any brand or company and act as an effective communication tool for consumers through their products’ reputation, goodwill and attributes.
However, many a times fake copies/knockoffs of these products, also known as “counterfeits”, have been made by unscrupulous elements to fool the common public and consumer base, not only harming the brand and reputation of the product but also causing great harm to the public. If consumers are not made aware of the trademarks belonging to the products, they will confuse the genuine products with the counterfeit ones.
Ask the students another simple question: names of common/local markets where they may have come across counterfeit products. How can they identify that they are counterfeits?
While adequate laws and regulations are in place for enforcing trademark protection in our country, some people are not able to cultivate respect for the same. The youth are the future of our society, community and country. They are the driving force of change and reaching out to school children would thus sensitize them about IPRs and the pillars under it.
The Cell for IPR Promotion and Management (CIPAM), is set up under the aegis of Department of Promotion for Industry and Internal Trade, Ministry of Commerce and Industry. CIPAM addresses the identified objectives of the National IPR Policy. If any school is interested in organizing an IPR awareness session for their students, they may write to cipam-dipp@gov.in.
