Potato chips packaging Part 2

Kettle brand chips packaging has transformed... Not necessary for the better

Before

Now


Two negatives about the new packaging -

- the KETTLE trade name is less prominent than the flavor descriptor

- it has dropped the paper packaging in place of the standard glossy packaging, looking more like a "me too" product.

The fear is an erosion of the KETTLE brand identity  due to the reduced prominence.  The glossy standard packaging will only hasten the erosion of its unique organic identity cultivated from  the use of paper based packaging and solid color scheme.

The distinctiveness of the KETTLE name is already on shaking ground and it was important to draw support from the unique paper based solid color scheme to help consolidating the identity of its product

I will be interested to see how much longer that it could fend off other KETTLE cooked chips such as LAYS KETTLE COOKED



LAYS make the exception for the KETTLE chips.  Ordinarily LAYS name is much more prominent. But the PepsiCo send happy to let KETTLE COOKED take prominence.

The Australian High Court ruled that it is not am infringement if a word use used to describe the quality or characteristic in a product - such as in this case that it was Kettle cooked.  This is lesson for all - the trade mark or brand should be fanciful word and not likely to be used to describe its quality.  As such, PepsiCo's KETTLE COOKED words on the packaging will not infringe trade mark registration for KETTLE.

 

Potato chips packaging Part 1

Potato chips - Which one is most likely to be knocked off?

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Kettle and LAYS make pretty sure that their respective trade names are prominent.  An imitation of the packaging is not likely to be able to snoop their regulars without copying  the protected trade name.

But it may be harder for RED ROCK DELI.

RED ROCK should be given greater prominence in the packaging so as to work into the purchasers memory that  the RED ROCK name is integral to the packaging.

From the marketing point of view, it got more attention that it is deli chip, but I stand corrected.  The RED ROCK part of the name does not quite register with my memory that I would be conscious next time I buy the same bag of chips.  I only remember the DELI or DELI STYLE word

If the "deli" idea is its unique selling point, then it should be separately protected.  It might get an objection that the deli is descriptive and therefore cannot be protected.

But it is worth a try in some country outside Australia. But it should give DELI separate prominence so that it is not part of RED ROCK DELI.  Really RED ROCK does not need to have DELI on its tail.  It makes no difference.

 This risk is real with house brand products from supermarket jumping on the bandwagon with their DELI style chips and copying also the recipe names -

The following packaging also supports my thesis that the protected brand should enjoy prominence relative to descriptive statements of the product

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DEEP RIDGED as a principal product feature should not enjoy prominence relative to RUFFLES.   DEEP RIDGED is probably not protectable.  So I am curious about WALKERS TM claim over DEEP RIDGED.

COTTON ON BODY - brand extension case study

It is usually difficult to judge whether a branding strategy is right or not in the early stages of a launch.

But in the case of COTTON ON BODY,  there are several no-nos -

a.  The main brand COTTON ON is st risk of being eroded.

b.  With all the money to launch a new product, they squandered the opportunity to develop a truly independent brand or product line.   They could have called it BODY by COTTON ON and over time be ready to cut the apron string by dropping "by COTTON ON".

c.  COTTON ON has not clearly thought out a independent brand when this brand extension is re-jigged into BODY by COTTON ON.    Any trade mark lawyer worth his salt would advise that BODY is too generic that is capable of protection - no trade should be given exclusive use over a word like BODY.  Just for discussion sake, a stronger spin off brand could be BODY LINE by COTTON ON.  Or may be something riskier like BODY ON by COTTON ON.

d.  The emphasis given to an unprotected element BODY in this design is going to haunt COTTON ON in the future -

A competitor wanting a free ride on the investment of COTTON ON BODY could come up with a look alike - replacing COTTON ON with BUTTON UP.  This is a real possibility in neighbouring Indonesia country where trade dress protection is non existent.

logo mark selection -Three things to note

The logo must be capable of verbally articulated - e.g. Ferrari's prancing horse Apple Inc's apple logo, McDonald's golden arches, Starbucks' siren.  Sleek designs count very little if it cannot be articulated easily as a way of convenient reference.

The logo should not be common in the business concerned such as using cow logo for diary product.  One reason why Apple is such an enduring brand is because it is such an improbable name in the computer industry.

The logo design should not be so overly complicated that it becomes difficult for members of public to commit to memory, consciously or sub consciously.  In a way, this point is connected to the first point - it is easier to connect a mark to memory if the logo can be readily referred to verbally

Definitions of brand related terminology

Here's my attempt at defining brand related terms (more refinement required but I hope you get the general idea) -

Brand equity refers to the view that a brand can be regarded as an asset capable of generating or contributing to the generation of revenue.

Brand value - that the brand is worth something.

Brand loyalty -  customer preference or affinity for a particular brand over others built up over time comprising quality such as trust or promise of a certain standard or image.

Brand management has its roots in Procter & Gamble in the 1930a.  It was an idea from Neil McElroy to set up "brand team" to be in charge of one brand. It is a business organization idea of defining team based on product line instead of along functional level.

The brand team manages all aspect of that product line such as shipment, advertising,  local adaptation.  They  take full responsibilities for that product line.  Because of its success, the idea is emulated by many companies with multiple brand on their portfolio.

Goodwill - in legal speak -  under certain English law tradition,  a property right that arises from promotion of a brand or packaging; such that another party can be stopped from riding on the goodwill attached to the brand or packaging.  Goodwill does not depend on trade mark registration.  The legal terminology for misappropriation of goodwill is passing off.  Legal Nazis will insist that goodwill is not the same as business reputation.

Trade dress - a legal concept that protects the look and feel of a packaging.  In Australia or the U.K., the analogy would be goodwill/passing off.

Trade mark - in its most basic form - an indicia of trade origin - at this level - it could include a name, logo, color scheme such as color green associated to British Petroleum, shape of packaging such as the Coca-Cola bottle.   But it is unusually harder to claim right to exclusive use to a single color or shape.

Brand protection - a corporate function in protecting the brand against imitation - identical copy or lookalike.  The former is usually referred to as counterfeitirng.

Investment wasted on word that cannot be protected

This picture demonstrates how the efforts of your promotion can be appropriated by lookalikes and leaving you without legal recourse.

 Nescafe GOLD product line is probably one of its most popular instant coffee product range.  But GOLD as a mark is too generic for protection.   It cannot be exclusively claimed by anyone. 

GOLD is quite clearly unprotected, but Nescafe chose to make the word more prominent than the tradename Nescafe on its label.
Over time, consumers looks to GOLD as the lead indicator for Nescafe GOLD.

A unwary member of the public might be mistaken when in a hurry - my mother in law was no moron in a hurry when she took the other GOLD instant coffee probably thinking that it was Nescafe Gold.  I came to her timely rescue and saved the day for Nescafe GOLD.

Let's see how this goes for Johnnie Walker's SELECT CASK, no doubt a reference that evoke premium quality.







Brand dilution

A classic case of brand dilution - distinctiveness in the "mother" mark PER will eventually be eroded if they continue to develop their brand without better defined trade mark use policy.  They could have called it PTT EXPLORATION

Mother mark at risk of being eroded

comic relief brands

If it is good enough for my car, it is good enough for me











Pun irresistible - DENT SMILE

We put a dent in your smile
No dent, no smile

Tea off?

TWG position itself as a premium brand. Its choice of name TWG is not without controversy.

 It was stopped in Hong Kong from using the name because of trade mark infringement of an earlier TWG mark owned by TSIT WING GROUP.

 Another interesting aspect of the branding is the use of the numerals 1837. In this regard, it claimed to be a tribute to the "year when the Chamber of Commerce was founded in Singapore". However, the judge in the Hong Kong case felt that reference to 1837 misleads the public into believing that this was the year of company's establishment.


 A recent episode was the discovery by the Taiwan FDA of excessive insecticides in their tea. The response from this company is not necessarily agreeable to all - 

- Ms Barnes said that tests are expensive and impossible to do for every one of the 300 pesticides in existence.
 - Another issue is how tea leaves in Taiwan are tested like fruits and vegetables, as if they were going to be chewed and swallowed, she said. 
 - However, residue concentrations would be indefinitely diluted in an infusion form, which is how teas are usually drunk, she pointed out. 
(BUSINESS TIMES SINGAPORE)

 Brand maintenance has as much to do with what one should not to do as what one should do.

 A premium brand as held out by its owner should demonstrate more concerted efforts in meeting high standards than would a mass mark

 I would hesitate to shrug off the matter with a "it happens..." disposition.

 It is telling why the newspapers bother to report what the company thought was "an overblown" issue - for the reason that TWG is perceived as a premium brand and naturally expected to meet exacting standards expected of a premium brand.

Value of Unique branding in Indonesia

Indonesian brands that have gone overseas and succeeded - POTATO HEAD, KUDETA and JCO donuts.They have thrived in highly competitive neighboring Singapore and are destined to travel beyond ASEAN. One thing they have in common, they have unique brand identity.  They do not rely on riding on famous brands. Other than F&B, Indonesia has alot of experience in FMCG sector such as instant coffee and instant noodle. They should follow the examples of the F&B companies creating unique branding for their product instead of using lookalike to enter the market.  They will not be able to go overseas using such shortcuts because of strong trade dress law overseas.Indonesian companies should think beyond local market to help earn valuable foreign reserves.   The discipline of creating unique branding (let's call it a keystone habit from the book Power of Habit by Charles Duhigg) will inevitably transform a company's culture of innovation in all aspects of its business strengthening its competitiveness.

Successful Indonesian brand

WHITE KOFFIE : protected trade mark?

The coffee satchel ready mix business is white hot in Indonesia. It is affordable and convenient in less developed countries where the amenities for freshly brewed coffee is limited.

Instant coffee is nothing to be scoffed at in developing countries.

The variety of brands provides interesting study on branding.

WHITE KOFFIE is one such brand that is getting quite a bit of Indonesian air time. With such large investment,  the proprietor would probably have secured trade mark rights over the name or at least they think they have before investing so heavily in building goodwill.

Indonesia's trade mark registration applies a low threshold in screening out descriptive mark.  WHITE would still be considered as foreign word.  Registration of WHITE KOFFLE is probably thought not unfairly restrict the the freedom of third party trader from describing their goods.

They probably reckoned that WHITE COFFEE (letter C instead of letter K) is still not monopolized.

If so, where's the brand equity, if a lesser trader can come on the scene to promote it's own WHITE KOPI (KOPI is Indonesian word for coffee)  Before embarking on any expensive product launch, it is important to play the devil's advocate how a third party can ride on the goodwill and exploiting the weak trade mark protection regime.

Assuming the manufacturer has registratio for LUWAK WHITE KOFFIE.  This is an even weaker trade mark protection given that awareness is created fro WHITE KOFFIE and not LUWAK WHITE KOFFIE.  Whether LUWAK is protectable is another story (the beverage of choice for the Jack Nicholson character in BUCKET LIST)

Acronym Marks..

Acronym marks Single letter mark such as B or Z - don't bother because you can never get trade mark registration. No point investing in a mark you cannot get protection overt Double letter mark - yes, registration possible if can show substantial use. Example includes GS, CK (CALVIN KLEIN. To get the mark registered, You need to show three to six years of use. Three letters mark The most famous would be BMW.. KFC, M&M and TWG. These marks are deemed inherently deodorants registrable since they are unlikely to deprive legitimate traders on the ability to describe their products or services. But they are vulnerable to knock offs such as CALIFORNIA FRIED CHICKEN CFC. In country like Indonesia, CFC does not necessarily sound unpalatable.

Acronym

Acronym marks Single letter mark such as B or Z - don't bother because you can never get trade mark registration. No point investing in a mark you cannot get protection overt Double letter mark - yes, registration possible if can show substantial use. Example includes GS, CK (CALVIN KLEIN. To get the mark registered, You need to show three to six years of use. Three letters mark The most famous would be BMW.. KFC, M&M and TWG. These marks are deemed inherently deodorants registrable since they are unlikely to deprive legitimate traders on the ability to describe their products or services. But they are vulnerable to knock offs such as CALIFORNIA FRIED CHICKEN CFC. In country like Indonesia, CFC does not necessarily sound unpalatable.