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[author: Susan Perera]
Over a year ago, Steve and I authored a piece in the Minnesota Business Journal discussing two-faced brands, these are brands that use both a formal trademark and a less formal, often truncated, trademark.
Since then we have seen many brands move away from their historical trademark uses towards shorter truncated trademarks (just see the “Truncation” section of the blog in the topics bar to the left).
Going one (big) step further, Jack Ellis, in the World Trademark Review, recently discussed the decision by some brands to go logo-less in an article titled: “Is dropping your logo an open invitation to counterfeiters – or a deterrent?”. Jack discusses a new trend in China where consumers seeking luxury products want the quality of high-end branded products, without the brand. Such consumers appear interested in distancing themselves from the use of showy logos, and are opting for brands that have minor or no logo markings.
While brands remain protected generally by continuing to mark the interior of products, Jack discusses the potential impact of this decision on the enforcement of these marks. Which raises the question – even if a brand is famous enough to stand without its logo, should it?
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Winthrop & Weinstine, P.A.
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