Brandig and Intellectual Property

Branding and Intel lectual Property

Presenter: Dr. Wendy Hollingsworth

CONCEPTUALISATION SM INC.

NOVEMBER 11, 2014 © 2014, All Rights Reserved

The counterweight to volume

Presenter: Dr. Wendy Hollingsworth

CONCEPTUALISATION SM INC.

NOVEMBER 11, 2014 © 2014, All Rights Reserved

OVERVIEW

• IP and Branding - Overview.

• Building Brands – key considerations .

• Role of IPRs – protection Stratgeies.

• Case Examples.

Intellectual Property and Branding

• IP and branding systems are essential for developing a successful differentiated product on the market

• Essential complement to business and product development strategies

Intellectual Property and Branding

• A branding strategy based on IPRs such as trademarks (including certification marks and a collective marks) geographical indications

• In addition to sustainability labels such as and a fair trade label

Intellectual Property and Branding

• Or a combination of these can add value to a product and has the potential to generate superior financial returns

Intellectual Property and Branding

• Helps to build consumer recognition and loyalty

• Used to enhance the market position of products or services

• Consumer perception is critical

Intellectual Property and Branding

Building Brands

Brands:

• Elusive reputational assets

• Influence customer/consumer

choices

• Define the consumer experience

• Create emotional connections and

‘connects’ consumers with the brand

Intellectual Property and Branding

Building Brands

Brands:

• Must convey trust

• Be accessible

• Be consistent

• Be responsive

• Convey commitment and affinity

Intellectual Property and Branding

Building Brands

Brand Equity

• Reputational value

• Image value

• Consumers and customers must

‘buy into’ these values

Intellectual Property and Branding

Role of Intellectual Property Rights

Brands can be protected by: Trademarks • Legal concept which serves to distinguish goods and services in the market place • Useful communication tool – communicates to the consumer a core set of attributes associated with the product/service and the company

Intellectual Property and Branding

Role of Intellectual Property Rights

Brands can be protected by:

• Certification marks

• Collective marks

• Geographical Indications

Intellectual Property and Branding

Cases

• Branded Barbados Sugar

• Jamaica Blue Mountain Coffee

Intellectual Property and Branding

Case: Branded Barbados Sugar

Based on: • A mixed portfolio of sugar branded and promoted to different consumers

• A “good-better-best” portfolio approach

Intellectual Property and Branding

Case: Branded Barbados Sugar

Based on: Developing a portfolio of brands

Planta on Reserve

Planta on Tradi onal

BRAND

Tin

Bag

Bag

Sack

ULTRA-PREMIUM

PREMIUM

MASS-MARKET

MANUFACTURING

POSITIONING

PACKAGING

US$9.57 per kg (£2.99 per unit)

US$3.96 per kg (£0.99 per unit)

US$2.70 per kg (£0.69 per unit)

US$1.50 per kg (£56.00 per unit)

RETAIL PRICE

Source: Chris Docherty: Windward Commodities Ltd.

797% (vs. white sugar

329% (vs. white sugar

225% (vs. white sugar

176% (vs. white sugar

PRICE PREMIUM

Intellectual Property and Branding

Case: Branded Barbados Sugar

Based on: • The branding approach used for strategically placing Barbados sugar

on the global market allows the sugar industry to make a profit

• Use of PR strategies instead of traditional advertising – media coverage of product launch

Intellectual Property and Branding

Case: Jamaica Blue Mountain Coffee

• Jamaican Blue Mountain Coffee is a

globally recognized certification mark

• Only coffee certified by the Coffee

Industry Board of Jamaica can be

labeled as such

Intellectual Property and Branding

Case: Jamaica Blue Mountain Coffee

• The geographical location of product is the Blue Mountain region of Jamaica and only coffee produced in the delineated area can be certified.

• The marks are registered in over 30 countries

Intellectual Property and Branding

Cases: Jamaica Blue Mountain Coffee

Intellectual Property and Branding

Cases: Marie Sharp - Belize

• Partnership arrangement in target market

• No formalised contract

• No registration of trademarks in target markets

Intellectual Property and Branding

Cases: Marie Sharp - Belize

• Marks were used by partner without consent

• Use on inferior products

• No recourse as the marks were not registered in the jurisdiction

Intellectual Property and Branding

Cases: Cocoa

• Fine or flavoured cocoa – best quality globally

• Has a excellent global reputation – sought after

• Region has the highest proportion of fine or flavoured cocoa growers

Intellectual Property and Branding

Cases: Cocoa

• Majority of cocoa shipped as a bulk commodity

• Not distinguished by TM even when they exist

• Ideal opportunity to explore the potential of GI & branding to further distinguish the product

Branding and Intel lectual Property

Presenter: Dr. Wendy Hollingsworth

CONCEPTUALISATION SM INC.

NOVEMBER 11, 2014 © 2014, All Rights Reserved

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