Although much has been said concerning global brands, the fact remains there are relatively few of them. It has been observed that despite the alleged homogenization of the world market, less than 4% of the numerous brands owned by six of the world’s most powerful consumer goods companies, Procter & Gamble, Nestle, Kraft, Colgate and Quaker could be classified as global brands.
Any time a brand name will be used in more than one country consideration must be given to cultural and linguistic issues. Similar considerations apply to the design presentation of the brand name. A presentation may appeal to one culture but not necessarily appeal in another.
While it was initially thought that the Internet would encourage the global use of the English language, it appears the opposite has occurred, and numerous linguistic communities have developed through the Internet. These developments cannot be ignored.
Consideration must also be given to the legal issues relating to intellectual property and trademarks. Trademarks are territorial and limited to the country for which they are registered unless a specific treaty or international convention is in place which provides for protection in other countries. Canada has ratified and implemented the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. The Protocol allows a trademark owner the option of obtaining protection in several countries by filing one application with a single Trademarks office, in one language, with one set of fees in one currency. In some cases, it can be helpful but not always.
As a result, the availability of the mark for use and registration must be assessed in each country in which it is proposed to use the brand name. In addition, a strategy for obtaining protection in all relevant countries need to be developed. There are numerous variables and timing is important.
If you have questions, please contact me at mckeown@gsnh.com.
John McKeown
Goldman Sloan Nash & Haber LLP
480 University Avenue, Suite 1600
Toronto, Ontario M5G 1V2
Direct Line: (416) 597-3371
Fax: (416) 597-3370
Email: mckeown@gsnh.com