Wednesday, 21 October 2015

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.








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