The Vigilance of Trade Name Policing: A Smart Strategy or Overkill?

In the competitive business landscape, protecting a company's trade name or brand identity is crucial. However, when and how should companies prioritize this vigilance?

Why is Trade Name Policing Important?

Companies must ensure that their trade names are not misused, as this can lead to a loss of brand value. For instance, the iconic Band-Aid jingle was changed from “I am stuck on Band-Aid because Band-Aid stuck on me” to “I am stuck on Band-Aid BRAND because Band-Aid stuck on me.” This change was made to prevent the generic use of the term “band-aid,” which could have given competitors unfair advantage over the brand.

Historical Examples of Brand Protection

Once-trademarked products like Dry Ice, Trampoline, and Videotape were originally protected brand names. Even Aspirin and Heroine were once protected brands belonging to Bayer. These brands were essentially pirated by competitors who started using these terms as common nouns. The protection of brands is thus a delicate balance between legal action and industry recognition.

Case Studies Highlighting Brand Vigilance

One notable example is the legal action taken by Bacardi against a small distiller whose logo was reportedly too similar to Bacardi’s. Similarly, Velcro once warned another manufacturer about using the phrase “Often called Velcro” in their marketing.

Best Practices for Brand Protection

To effectively protect your brand, it is crucial to register it with the appropriate authority, such as the USPTO in the United States. Include the registered trademark symbol in all documents or pages where the trademark is mentioned.

Ensure that the brand name is not used as a verb or without a noun descriptor. For example, instead of saying "Velcro it closed," use "Velcro it closed." Instead of "Use a Kleenex," use "use a Kleenex tissue." If no noun descriptor can be used, consider adding “brand” after it. Thus, “I am stuck on Band-Aid BRAND” emphasizes the brand’s distinctiveness.

Conclusion: Balancing Vigilance and Relaxed Approach

The question remains: is it wise for companies to be overly vigilant in protecting their brand names, or can they adopt a more relaxed approach without losing their market advantage? The answer lies in a careful balance, where companies are proactive yet not overly restrictive.

Company vigilance can prevent brand erosion, but it must be balanced with recognition of market standards and industry norms. A brand that is too aggressively protected might be seen as defensive or anti-consumer, which could backfire and harm its reputation.