Below is an excerpt from John McKeown’s November 2016 Monthly IP Bulletin.
One of the most significant components that make up a brand is the brand image.
Brand image is the consumer perception of brand attributes and associations from which consumers derive value. The brand image defines the meaning consumers associate with the brand or what the brand stands for. It is part of what makes the brand name distinctive. Brand image is like an individual’s reputation. It is subjective in nature and changes over time.
The brand must deliver the image and the values it symbolizes. The brand is the brand owner’s promise to consistently deliver the components which make it up. The promise operates at different levels which vary from product to product. For items which are commodities, tangible attributes and price may be more important but for products driven by image the emphasis is on the intangible. If the brand does not deliver it will become diluted and brand equity will be diminished.
The term “brand execution” is used to refer to the communication of brand image to customers. The term “brand position” or “brand positioning” refers to the message that a brand owner wishes to imprint in the minds of customers about its brand. Frequently, this is accomplished through advertising consisting of a motivating, persuasively communicated message that provides targeted prospects with a reason why they should consider and remember the advertised product as being able to deliver the brand owner’s promise.
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These comments are of a general nature and not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer.