Wednesday, 14 October 2015

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)

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