Adam Singleton writes for a digital marketing agency. This article has been commissioned by a client of said agency. This article is not designed to promote, but should be considered professional content.
Of course, many companies place high importance on protecting their brand and the way in which a trademark can be utilized to do this.
Trademarking is an important, but tricky legal area. A trademark ensures that a company’s goods and brand are protected from those who attempt to cash in on businesses that have a successful idea and reputation. It is very important that a brand appears to be unique and exclusive, as this is what makes it desirable to the consumer. This is why a company will not hesitate to call in their trademark lawyer when imitations of their logo, name, products or services appear to be in breach of their trademark.
Fashion is subjected to widespread imitation. The desirability of high end fashion largely depends upon its exclusive reputation and the high quality of its products. Indeed, when cheap, poorly made versions of designer goods are put into wide circulation, the negative effect felt by designers and fashion houses is twofold.
Firstly, consumers may decide to save some cash by purchasing a good imitation rather than splashing out thousands on the original product; taking profits away from those who produce the coveted original. While it is possible to argue that the customer who buys a copy are unlikely to ever buy the original anyway, profits are, nonetheless, being made from a product and brand created and owned by someone else.
The second negative effect - which is possibly more harmful to designer brands - is felt when rip-off versions of a product come into wide circulation. The result is that the product - be it a bag, sunglasses, jewelry or the brand itself - suffers massive over exposure. It loses its air of exclusivity and rapidly becomes undesirable. Furthermore, if the counterfeit versions are of a poor quality, the original product comes to be negatively perceived by association.
This explains why many large jewelry and clothing brands have taken legal action in recent years with the help of a trademark lawyer in the fight against counterfeits. However, it is not only businesses which are quick to stamp down on those who violate trademarks: copying goods which are trademarked by someone else is a criminal matter with serious consequences.
The fierce reaction of retailers to rip-off versions of their goods demonstrates the very real threat counterfeits pose to the health of a business. Healthy trading depends upon both a brand’s unique identity and its covetable goods; and a trademark provides an invaluable means of protecting both.
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