Great trademarks (and bad ones too for that matter) are all around us every day. For example, driving. They are on the backs of cards (make and model), bumper stickers, commercial vehicles, billboards, exit information signs, and more. Even mudflaps are often branded!
Here are some interesting trademarks on the road that I snapped pictures of during my summer travels:
© 2011 Erik M. Pelton. All Rights Reserved.
The NFL season kicks off today. Today, NFL is widely recognized as the #1 sport in America, having replaced our “national pastime,” baseball. I’m sure there are many reasons for this change over the last generation. One key to the success of the NFL is its branding. NFL players themselves are often barely recognizable. The viewers and fans know them in uniforms and helmets. NFL uniforms only appears in commercials from sponsors and I’m sure after a process of review and approval.
The NFL is a branding machine. Sponsors line up to pay huge amounts to associate themselves with the NFL. Fans pay large sums for jerseys and other merchandise. How have they done it?
Part of the success is because the NFL puts forth its brand in a cohesive manner. Their trademarks are well protected – most teams own USPTO trademark registration for several variations of their logos, helmets designs and uniform designs. Only two brands, besides the NFL teams, are allowed to be a part of the game in any manner — Gatorade beverages and Motorola headsets worn by the coaches — and those rights come at a cost.
I recently browsed the Collective Bargaining Agreement (at 318 page it would be foolish to say I read it) between the NFL and the NFL Players Association (“NFLPA”). It contains significant provisions related to branding and licensing that provide some insight into how the NFL controls its brands to its advantage.
name
nickname
initials
likeness
image
picture
photograph
animation
persona (?!?)
copyrights
autograph/signature
voice, and
“all other identifying characteristics”
As a result, the NFL controls its brand – through its players – excessively. And therefore the brand is cohesive, strong, and extremely valuable. If any player could endorse a cheap product and wear NFL merchandise in a commercial to make it look like the team or league was also endorsing it, the value of the NFL brand would be cheapened. If players could conduct interviews or practice where tee shirts promoting brands that complete with the NFL’s official licensing partners, the value of the licenses would be diminished. NFL has wisely made itself the brand king.
An article in the Wall Street Journal this week highlights just how valuable the NFL brand has become….”the league and PepsiCo Inc. are set to announce a 10-year, extension of their sponsorship deal that ultimately could be valued at $2.3 billion through the 2022 playoffs, making it one of the largest sponsorships to date in U.S. sports.”
Of course, don’t get me started on the Super Bowl®.
Tip: Even if your business is a minute fraction of the size of the NFL’s , your brand is just as important to your success. By properly using trademarks, registering them where possible, and when appropriate, controlling how they are used by employees and partners, any company can become the king or queen of its own brand.
© 2011 Erik M. Pelton. All Rights Reserved.
Somehow this news passed me by earlier in the year when it was announced: the University of Colorado announced a new logo…. and the change cost $780,000! Of course, logos and brands are extremely valuable and in some instances may justify such an expense (i.e. a company with hundreds of millions of dollars in annual sales).
The new logo is a failure, in my opinion, for several reasons:
For any public institution to spend so much on a tweak of a logo- not even a brand new brand – seems like a poor allocation of funds and the result of poor leadership;
The University does not appear to have filed to register the new design with the USPTO! The filing fee of $325 is of course a minute fraction of the expense spent on the logo;
The new logo is nice, but it represents minor changes in shape and color. No change in meaning or impression. If I were designing a new logo, I would incorporate the buffalo image, which is the University sports teams’ nickname and on all the sporting uniforms and apparel;
It is incongruous – at a minimum – and confusing that the school is “University of Colorado” but the logo is CU; and
My guess (just a guess) is that the consultants tasked with designing a new logo came up with many variations and in the end the decision makers at the school chose the one that represented the least amount of change… which begs the question of why the wanted to change it in the first place.
Here are the logos, new (on the left) and old(on the right):
I give the new logo an “F” for execution and for cost. On its own, the new logo is quite nice. But seeing what it came from and the price tag, it is an utter failure. The University has cited bringing consistency to all its various logos, departments, etc. as one of the reasons for the new logo. That could just as easily have been done using an existing logo – or with a new logo that was far less expensive.
On a positive note, I commend the University for having an entire FAQ page devoted to the logo, as well as an official brand website and visual identity guide online.
A video 9 News in Boulder describes some of the reaction to the logo change:
In the aftermath of Hurricane Irene, which swept up the east coast and into New England last week, several trademarks have been spawned. Just about any major news item generates a few trademark applications (elections, Osama Bin Laden, Charlie Sheen, etc.) as businesses and individuals seek to take advantage of the immediate recognition attached to the name.
In less than 10 days, several trademarks applications related to Hurricane Irene have been filed with the USPTO (click brand name for link to USPTO records):
• IRENE – filed 08/29/11 for Colognes, perfumes and cosmetics; Cosmetics in general, including perfumes; Eau de toilette and eau de cologne
• Operation IRENE – filed 08/26/11 for Military duffle bags, garment bags for travel, tote bags, shoulder bags and backpacks; Airsoft guns for recreational purposes (claiming use of the mark in commerce since 01/01/11 with this specimen)
• WE PLAY IN HURRICANES – filed 08/29/11 for Hats; Headbands for clothing; Jackets; Jerseys; Pants; Shorts; T-shirts; Tops; Wearable garments and clothing, namely, shirts; Arranging and conducting athletic competitions; Entertainment in the nature of competitions in the field of Lacrosse; Entertainment in the nature of professional lacrosse games and exhibitions; Entertainment services, namely, the provision of continuing athletic competitions featuring professional lacrosse games and exhibitions delivered by global computer network or a commmercial online computer service or by cable, satellite, television and radio; Production of radio or television programs
• HURRICANE HUNTER – filed 08/26/11 for Computer application software for mobile phones, namely, software for meteorological mapping and tracking (claiming use in commerce since 08/23/11)
• THE HURRICANE GAMES – filed 08/29/11 for Hats; Headbands for clothing; Jackets; Jerseys; Pants; Shorts; Tops; Wearable garments and clothing, namely, shirts; Arranging and conducting athletic competitions; Entertainment in the nature of competitions in the field of Lacrosse; Entertainment in the nature of professional lacrosse games and exhibitions; Entertainment services, namely, the provision of continuing athletic competitions featuring professional lacrosse games and exhibitions delivered by global computer network or a commercial online computer service or by cable, satellite, television and radio; Production of radio and television programs
Image of Hurricane Irene from NASA
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In 2010, Facebook filed more than 10 applications to register “LIKE”. Some of the applications are for just the word “LIKE”, some are for the “Like” button image.
The applications were all suspended pending the outcome of some earlier filed applications. Now, the word (“standard character”) applications for “LIKE” have been un-suspended and the USPTO has issued refusal due to a likelihood of confusion with the registered trademark ILIKE (click for USPTO record). Facebook’s options now include dropping the applications, make arguments that there may be no likelihood of confusion, or seek an agreement with the owner of the ILIKE registration.
The applications for the “Like” image or logo are still on hold, pending the outcome of several earlier filed applications that include thumbs-up or thumbs-down icons.
Where did “Like” come from? It seems ubiquitous today, a part of our culture almost. Here is an interesting piece form the Wall Street Journal about Soleio Cuervo, the Facebook employee who came up with the “Like” button.
The Like button came to the site in its current form as part of an effort that Mr. Cuervo spearheaded to unify the ways in which people left comments on the site, which in 2008 varied wildly. As part of the overhaul, he wanted to introduce an idea that had been cooked up at one of Facebook’s “hackathon” coding sessions—irregular (but frequent) all-night events where employees gather to work on projects that they haven’t had time to do on their regular jobs. The idea, implemented by a handful of other sites, was a simple tool for users to declare that they like something. Internally, it was called the “awesome button.”
Most other sites represent the idea of a favorite with an icon of a heart. But Mr. Cuervo felt a disconnect between love and the less extreme notion of liking. “We wanted Like to not have that heavy weight,” he said. They settled on a thumbs-up icon because Facebook was already known for a hand gesture used in its “poke” feature. The Like first appeared in February 2009.
Here are Facebook’s LIKE trademark applications (click for link to USPTO.gov data):
| 85020085 |
| 85020084 |
| 85020083 |
| 85020082 |
| 85020081 |
| 85020080 |
| 85020077 |
| 85020073 |
| 85020071 |
| 85020068 |
| 85020066 |
| 85020064 |
| 85020062 |
| 85020058 |
What do you think about the “Like” button? You like?
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