Let the world know about your IP? Of course. But get it right!
For a long time, existing trademark protection has been indicated on advertising for conventional consumer goods, typically by the symbols ® or ™.
References to patents have also been included on many consumer goods for a long time, although for the most part this is not very noticeable. Often, such references are added because this is necessary in some countries in order to be able to claim damages in the event of any patent infringement or because the obligation to include such a reference is, for example, stipulated in a licensing agreement.
But have you noticed that advertising for consumer goods has recently been placing emphasis on existing patent protection? Here are two examples relating to cosmetics:
Indeed, existing patents are often even referred to tongue in cheek, as this example of advertising for a razor demonstrates:
Why do all of this?
The reference to patent protection is intended to give the consumer the warm feeling of having a genuine innovation in his hands. To a certain extent, the patent serves as a seal of quality.
In B2B transactions, for example in the mechanical engineering industry, the situation is different. Of course, patent protection is important for the manufacturer itself. However, when making a decision on whether to invest, hardly any potential customers will be particularly impressed by a reference to patent protection – unlike in the case of the spontaneous purchase of consumer goods. Rather, in the case of goods involving an investment, it is the fulfilment of the specifications and the price that are decisive.
However, in such B2B business it can frequently be observed that products are no longer provided (only) with a machine number or a product number, but also with a catchy name. Below is the example of a spinning machine:
Even the products manufactured on such a machine (in this case: yarns) are given related names:
A catchy name such as this can make the communication about such products among trade circles (which is desirable!) considerably easier than would be possible with an unwieldy machine number or a meaningless product name.
Sometimes, trademark proprietors even manage to get their direct customers to take over the job of making the proprietors’ own trademark known. How can this work? Think of so-called secondary trademarks. Here are a few examples:
Here, the supplier of a precursor product has managed to get the manufacturer of the end product to display the trademark of the precursor product on the end product. This is often the first time that the end consumer ever becomes aware of the manufacturer of the precursor product. If the end consumer’s experience is then a good one, he or she will subsequently ask for it again – which benefits the manufacturer of the precursor product.
Maintaining a trademark and patent portfolio is costly. You should therefore use your property rights as effectively as possible. Prominent references to trademarks and patents may be part of this. However, such references should be used with caution: they must not be misleading or false. Although this sounds straightforward, in practice this can turn out to be difficult. For example, it should be noted:
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The reference to trademark protection or the symbol ® may only be used once the trademark has actually been registered. If the trademark has expired, the reference should be removed.
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The reference “patented” may only be used once a patent has actually been granted. However, the scope of the patent as granted must then also cover the product! The reference may no longer be affixed once the patent has expired.
Further potential pitfalls are the territorial scope of the trademark or patent protection in the case of internationally distributed advertising material. All of this means that careful preparation and regular checks of advertising materials are necessary.
We would be happy to provide you with advice on this subject, because we think that smart advertising is also part of: