Resource Library

Sound marks, holographic marks, three dimensional marks, scent marks and other non-traditional trademarks have become an important means for marketing departments to build and exploit their company’s brand — in addition to logos, phrases and other more traditional marks. In-house counsel need to stay informed about developments in non-traditional marks in order to keep up with business realities and protect their company’s interests. Many countries have regimes that regulate non-traditional marks, and understanding the procedures required to protect a brand’s unique shapes, sounds and smells can provide an important competitive advantage. This program will address: (1) the types of non-traditional marks that may currently be registered, and what lies ahead; (2) clearance procedures; (3) applications to register; and (4) enforcement proceedings.

As companies seek to unlock value from their strong brands by expanding into new geographies or product markets, these moves can be fraught with significant legal risks. Panelists will discuss the Kraft Foods Group Brands v. Cracker Barrel Old Country Store case, in which Cracker Barrel was preliminarily enjoined from expanding the reach of its brand to new product categories. Learn different techniques to safely accomplish brand expansion, including developing effective licensing, co-branding and merchandising programs that enhance brand equity, updating trademark clearance procedures, employing innovative trademark application procedures, creating international brand expansion policies and implementing trademark portfolio management strategies to establish an advantage in the global marketplace. Discover how your company can leverage its brands’ existing value while protecting itself from missteps that can shrink profitability, dilute brand value and erode hard-earned competitive advantage.