ABSTRACT
This article focuses on brand concept and brand management in the context of the current business environment. Topics covered include a review of statutes regarding protection of I.P and a number of cases that define branding. Hoping that readers will grasp the significance of successful branding to ensure consumers believe in the product and the company, the paper analyzes important and relevant legal recommendations and changes in approaches to brand management. From this paper, one learns more about brand management and about the need for adequate legal safeguards for brand owners.
KEYWORDS : Branding, Brand Management, Intellectual Property, Legal Framework, Trademark Protection
INTRODUCTION
Changes in the global market and competition dictate an equally changing business environment, this makes branding an inevitable aspect for the organizations. A brand creates the corporate persona and acts as means of competitive edge for the firm, and on the contrary, helps in building a clientele. In the recent past, the need to manage brands efficiently has arisen due to heightened understanding of brand equity among business entities. This is one of brand development stages where there is setting up of brand objectives and also devising means to protect and grow the brand in the market.
With increased legal protection, so does the brand equity increase whereby them brands are accorded legal protection. Concerned on the legal framework regarding the assets on aspects of intellectual properties such as trademarks or copyrights. It should be made clear however, that the courts have a rather more passive role although they do have a role in the law’s enforcement and do provide parameters that are used when managing brands. Their interrelationship determines the nature of transaction and competition which take place in the market and organizations in the bid to protect the future uses for the brands.
WHAT IS A BRAND?
Brand in turn is described as a distinguishing mark of a product or service and may include names, symbols, and designs among others. Perceptions and preferences are part of brands, which represent the commitments that companies undertake towards consumers. Branding helps to form a consumers’ attitude to a product and make them stay loyal to a particular product.
WHAT IS BRAND MANAGEMENT?
Brand maintenance on the other hand is my definition of brand management as it involves the ability to enhance and sustain a brand for the right perception in the market. Some of these are market insights; branding strategy; marketing communication; and brand audit which seeks to evaluate the status of the brand. Brand management is the tactical effort that seeks to ensure a brand occupies a dominant, positive, and distinctive position in the consumers’ mind.
TRADE MARKS ACT, 1999
1.Section 9 – Absolute Grounds for Refusal of Registration: This section reveals the circumstances in which a trademark cannot be registered. This relates to marks which are ultimately nothing more than a shape or color, marks which describe the character of the goods or services, and marks which violate the law or moral principles. It is important for business to understand these grounds when selecting and applying for a trademark.
2.Section 28 – Rights Conferred by Registration: This section extends the exclusive use of the registered trademark to the owner thereof to use the mark and to prevent any other person from using a similar mark and in any way that is likely to create confusion. This place is strategic as it assists in tweaking infringing brand elements.
3.Section 134 – Suits for Infringement and Passing Off: This section entitles the owner of a registered trademark to sue anyone who violates the trademark owner’s rights. It also gives a cause of action for a suit of ‘passing off’ wherein protection of trademarks under statute is founded upon the principle of Goodwill.
LANDMARK JUDGMENTS
1.Laxmikant V. Patel v. Chetanbhat S. Patel (2002): This case also paved the way to show that goodwill and reputation maybe a mark’s strongest defense in trademark dispute hence continuing the notion that an unregistered mark could be protected.
2.Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd. (2001): Consumers will be confused in agreement to the Appeal court in light of their judgment on the trademark similarity that requires different branding strategy.
3.Bajaj Auto Ltd. v. TVS Motor Co. Ltd. (2009): This judgment accepted the proposition that protection of the registered trademarks on its own was not adequate but the brand image and its position in the market had also to be protected from unfair competition.
Iconic Brands: Mastering the Art of Brand Management
These are some of the most known brands that ensure successful brand management: Apple, Coca-Cola, Nike, Amazon and so on. Novelties and Keenness to high Apple’s has always held a lot of which they pass off as relational loyalty and customer intimacy.It is therefore the strategic signaling and imagery that have been crafted over more than a hundred years which keep Coca-Cola firmly on top of the beverage market. Nike has its close relation with the advertisement slogan which says ‘Just Do It’ which specifically encourages athletes and health conscious people to perform. On the other hand Amazon represents the new wave of e- commerce with its high customer convenience and excellent service level. These brands display how crucial an identity and sharp management of the identity is in attaining long-term market presence.
LAW COMMISSION REPORTS AND RECOMMENDATIONS
The Law Commission of India has from time to time looked into the effectiveness of existing trademark laws resulting to formulation of measures meant to improve brand protection. Notably, the 117th Report on the Intellectual Property Rights proposed amendments to the Trade Marks Act, focusing on:
1.Enhancing Enforcement Mechanisms: Proposals were to accelerate preventive and enforcement measures to combat counterfeiting of trademarks.
2.Simplifying Registration Processes: Some recommendations, made suggested that the registration process should be made easier to increase the uptake of brand protection among the business entities.
SIGNIFICANT AMENDMENTS
The Trade Marks (Amendment) Act, 2010 has brought several changes with the main motive of making the brand protection mechanisms strong. Key amendments include:
1.Enhancement of Penalties: The measures adopted for this problem included a high punitive measure to discourage such activities.
2.Protection of Well-Known Marks: More emphasis for those traditionally protected items like trademarks to be protected from being diluted or have their reputation tarnished by negligence.
CONCLUSION
As competition tightens in the market it is major imperative to effectively manage brands for a business organization. Law of India is very strong and has clear provisions for the registration of trademarks and then protecting those trademarks; however, there are still issues to consider in relation to flexibility in the increasingly competitive market and digital economy. As landmark judgements and recommendation from the Law Commission shows, these challenges are being met by a changing legal regime.
Businesses cannot afford to let their guard down now, they have to employ new mechanisms, by which they want to protect their brands in the legal system. Legal scholars encourage the need towards an adequate appreciation of trademark laws because of the various complexities involved in brand protection.
This paper will explore how brands continue to change over time and how the laws surrounding them must move forward with them in order to remain useful in fostering and maintaining protection over brands for the benefit of both the business world and consumers. It also means that effective brand management should have proper protection of proprietary rights that will help brands to have sustainable competitive advantage in the evolving Indian market and consumers trust.
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WRITTEN BY: PAYAL DEVNANI
