AdAge Magazine recently ranked the Nike swoosh symbol (a design mark in trademark lawyer speak) as the most admired logo among advertisers. This did not surprise me. But I was floored when I accompanied my 14 year old son to the Nike lab in NYC where hip employees literally handed him the coveted symbol (after you purchase a $99 pair of “blank” shoes) and allowed him to decorate the shoes and the swoosh and affix the iconic mark as any kid sees fit. Needless to say we ended up with two very different shoes in our pair.
For years the conventional wisdom, supported by established case law, favored trademark owners displaying designs rigidly and consistently – size, position, color (specific pantones!). No more. As personal branding and personalities-as-brand continue to lead marketing (Kylie Jenner is approaching a billion dollars in net worth) this trademark convention is falling away.
Companies should continue Federal trademark registration of their core branding words and symbols. The law allows owners to tack on use of an earlier version of an updated mark, if the same commercial impression continues (the Mrs. Butterworth image was changed to remove the original headscarf without loss of rights ).
As branding evolves, companies should review and update their trademark portfolios. Adoption of a new color for example, may warrant additional protection.
Businesses should consider phasing out old marks as new marks gain recognition among consumers, creating an overlapping continuity while allowing fresh updates to the corporate image.