As trademark attorneys, we frequently encounter a peculiar challenge that many brand owners face: the confusion between a trademark (or brand name) and the brand image or archetype they wish to create. This misunderstanding often leads to a frustrating cycle—let’s call it a Chakravyuh—where brand owners struggle to secure a registrable trademark while trying to reflect their brand’s identity in the name itself. To illustrate this, consider a brand owner who wants to position their product as natural, organic, and part of the “better for you” category. While this vision is commendable, the challenge arises when they attempt to embed these concepts directly into the trademark, leading to repeated rejections and a vicious cycle of frustration. In this article, we’ll break down the difference between these two concepts, provide real-world examples of brands using arbitrary trademarks, and offer practical strategies to help brand owners avoid getting trapped in this Chakravyuh.
The Problem: Mixing Trademark with Brand Image
Let’s start with a common scenario. Imagine a brand owner launching a line of skincare products made with natural, organic ingredients. Their goal is to market the products as a “better for you” option, emphasizing purity, health, and sustainability. To reflect this identity, they propose a trademark like “Organic Glow,” “Pure Essence,” or “Natural Bliss” for their brand name. On the surface, this seems like a logical choice—the name conveys the brand’s values and promises. However, this is where the trouble begins.
When we, as trademark attorneys, search these proposed names in trademark databases (such as the Indian Trademark Registry or the USPTO), we often find a plethora of prior registered marks containing similar terms like “Organic,” “Green,” or “Natural.” These words are descriptive and commonly used across industries, especially in sectors like food, cosmetics, and wellness. Because of their generic nature, they are difficult to register as trademarks unless paired with highly distinctive elements. Moreover, using such terms increases the risk of opposition from existing trademark owners, who may argue that the new mark is too similar to theirs and could cause consumer confusion.
When we advise the brand owner that their proposed name is not registrable, they often return with another variation—say, “Purely Natural” or “Herbal Vibe”—still clinging to the same descriptive theme. This cycle repeats because the brand owner hasn’t differentiated between the trademark and the brand image in their mind. They believe that for the public to connect with their “better for you” identity, the trademark must explicitly include words like “organic” or “natural.” This misconception traps them in a Chakravyuh—a labyrinth where they keep circling back to unregistrable trademarks, unable to break free.
Understanding the Two Concepts: Trademark vs. Brand Image
To escape this cycle, brand owners must first understand the distinction between a trademark and a brand image. Let’s break it down in simpler terms:
What is a Trademark?
A trademark is a legally protectable name, symbol, or design that identifies and distinguishes your goods or services from those of others. Its primary purpose is to serve as a source identifier, ensuring that consumers can recognize your brand and avoid confusion with competitors. To be registrable, a trademark must be distinctive—it should not describe the product or its qualities directly, as descriptive terms are harder to protect and often already claimed by others.
For example, the trademark “Apple” for a tech company is distinctive because it has no connection to computers or phones—it’s an arbitrary word in this context, making it easy to register and protect. On the other hand, a name like “TechPhone” for a smartphone would be considered descriptive and difficult to register without additional unique elements.
What is Brand Image?
Brand image, on the other hand, is the perception and story you create around your brand in the minds of consumers. It encompasses your values, mission, and the emotional connection you aim to build with your audience. This is where the “better for you,” “organic,” or “natural” archetype comes into play—it’s the identity you want your brand to embody, communicated through marketing, packaging, messaging, and customer experience.
For instance, a skincare brand might cultivate a brand image of purity and sustainability by using eco-friendly packaging, highlighting organic ingredients on their website, and sharing stories of sustainable sourcing on social media. This image doesn’t need to be embedded in the trademark itself—it can be conveyed through various branding elements outside the legal mark.
Why the Confusion Happens
The confusion arises because brand owners often assume that their trademark must explicitly reflect their brand image to resonate with consumers. In the case of our skincare brand owner, they might think, “If I don’t call my product ‘OrganicGlow,’ how will customers know it’s natural and better for them?” This mindset overlooks the fact that a trademark’s primary role is to identify the source of the product, not to describe its qualities. The brand image—such as being organic or natural—can and should be communicated through other means, like taglines, logos, advertisements, and product descriptions, rather than the trademark itself.
Real-World Examples: Arbitrary Trademarks Unrelated to Brand Image
To illustrate how successful brands separate their trademark from their brand image, let’s look at examples of brands that use coined or arbitrary trademarks—names that have no inherent connection to their products or the image they project. These brands then build their desired image through marketing and storytelling, proving that the trademark doesn’t need to describe the product to be effective.
Example 1: Kodak (Photography and Imaging)
Kodak, a global leader in photography and imaging, is a classic example of an coined trademark. The word “Kodak” has no connection to cameras, film, or photography—it’s a completely made-up term coined by founder George Eastman in 1888 because he liked the sound of the letter “K.” Despite its lack of descriptive meaning, Kodak built a brand image of innovation, creativity, and capturing life’s moments. They achieved this through their tagline “Share Moments, Share Life,” their iconic yellow packaging, and advertising campaigns that emphasized the joy of photography. The arbitrary trademark allowed Kodak to stand out in a crowded market while their marketing told the story of preserving memories, demonstrating that the brand image can thrive independently of the trademark.
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