Get Creative With Your Trade Marks

• Published date: 26 May 2021
• Subject Matter: Consumer Protection, Intellectual Property, Consumer Law, Trademark
• Law Firm: HGF Ltd
• Author: Caroline Pigott

How does a creative trade mark strategy help a brand to build a stronger relationship with the consumer?

From Kevin the Carrot and Always #LikeAGirl to the meerkats from Compare the Market - we look at how brands have successfully build recognition and loyalty through innovative use of trade marks.

Source identifier no longer enough

Intellectual property is all about protecting innovation. As businesses create new and innovative goods and services, trade mark strategies must equally evolve and develop.

It is arguably no longer enough to carefully explain to consumers "We are X and we sell Y". Many businesses are now investing heavily in trade marks and marketing strategies in order to build an engaged consumer following.

The key aspect of any creative trade mark strategy is consumer engagement.

Engaged consumers

In some ways, an engaged consumer following can be bought in the form of 'purchased likes' on social media and commercial arrangements with 'influencers'.

However, in the present culture of 'screen scrolling', it is not straightforward to engage customers in a meaningful or sustained way.

Businesses are increasingly relying on more creative trade mark strategies to foster, maintain and commercialise the relationships with their consumers.

Creative trade mark strategies

Saying something is 'creative' is simply another way of saying it is 'different to the norm'. Businesses want and need to stand out from their competitors to survive.

With increased choice in every commercial market and delivery services eroding the importance of geographical proximity to the customer base, it has never been more popular, or important, to be 'different'.

A creative trade mark strategy will often capitalise on the communication functions of trade marks, going beyond the core source identifier function.

Using trade marks to demonstrate an alignment of values or capturing the consumer's imagination are creative ways to foster loyalty and build a strong relationship with customers.

Storytelling - Kevin The Carrot

Every year since 2016, a different story involving Aldi's "Kevin the Carrot" is made into a TV advert mini-series.

In 2020, the story told of Kevin's journey home over a number of weeks. The evolving nature of the story encourages people to follow and engage with Kevin.

#KevinTheCarrot trends on social media and related merchandise of Kevin and his friends is available.

Aldi has a UK registered trade mark for KEVIN THE CARROT. The marketing and trade mark...