About The Trademark
A trademark is a type of intellectual property in which a unique symbol or word(s) is used to represent a business or its products. Once registered, that same symbol or those words cannot be used by any other business as long as it remains in use and proper paperwork and fees are paid.
Other intellectual properties like patents that are granted for 20 years, trademarks never end. Organizations do need to apply for them and receive ownership confirmation with the U.S. Patent and Trademark Office (USPTO) to claim protection from copycats.
Over some time, trademarks become synonymous with a company name so that you don’t even need to see the name to recognize a particular organization. For example, If you see the apple shape with the bite taken out that Apple uses as its logo, the golden arches McDonald’s registered decades ago, or the swoosh logo that Nike features on all of its products.
The fact that we simply associate symbols and words with companies and their brands is one of the biggest advantages of their use. When a customer sees a familiar logo or phrase, they have instant recognition which can drive preference and hence sales and profits.
The Burger King
Burger King also is known as “BK” is an American multinational chain of hamburger fast-food restaurants. Its headquarters is in the unincorporated area of Miami-Dade County, Florida. The organization was founded in 1953 Florida–based restaurant chain Insta-Burger King, a Jacksonville. After Insta-Burger King ran into the financial crisis in 1954, its 2 Miami-based franchisees James McLamore and David Edgerton purchased the organization and renamed it “Burger King”. The organization changed hands four times over the next half-century with its third set of owners which is a partnership of Bain Capital, TPG Capital, and Goldman Sachs Capital Partners, taking it public in 2002. 3G Capital of Brazil acquired a large stake in the organization in a deal valued at US$3.26 billion in late 2010. The new business owners promptly initiated a restructuring of the organization to reverse its fortunes. 3G, along with partner Berkshire Hathaway, eventually merged the organization with the Canadian-based doughnut chain Tim Hortons, under the auspices of a new Canadian-based parent organization named Restaurant Brands International.
About Target
Target is an international company with more than 350,000 team members worldwide, and headquarters in the United States and India. Minneapolis-based Target Corporation is one of North America’s biggest discount retailers who is serving its customers at over 1800 stores on online platform Target.com and mobile. It is a Fortune 50 company with more than $70 billion in annual revenue. It strives to fulfill the requirements of millions of guests across the globe.
Target has stores and distribution centers all over the country and offices around the world. But they are much more than buildings or highlights on a map. They are epicenters for strategy, community, service, and fun. Where incredible team members work together across the globe to bring the magic of Target to life and spark joy in our consumers’ everyday lives.
Target has a presence and talented team members all around the world, too. Indian office situated in Bangalore is an extension of their Minneapolis Target HeadQuarter where more than 3,000 team members partner closely with their Minneapolis colleagues to create even better experiences for their customers.
What Do Burger King And Target Have Common?
You might think What Do Burger King and Target Have in Common. Burger King was set up in the USA and international expansion of the company and in parallel, its trademark protection was launched from that base. But when they reached Australia, they found that business in Adelaide had already registered their trademark due to which they couldn’t use it. Therefore they decided to rebrand and expand in the country under the name of “Hungry Jacks.”
This dispute has gone through several stages and even reached the courts. Until this day, the company is still unable to use their trademark in Australia.
Australia – Target
Target is a multinational distribution company that originated from the USA. In this case, also, it has a competitor in Australia which uses both its name and logo despite the fact there is no connection between the two. The similarity is such that it is led to some interesting facts. When the popular video game was released, there was a mistake with its distribution by Target Australia which led to furious emails from gamers who wrote many complaint emails. However, they contacted the “wrong target”.
There is another case with Burger King when it wanted to open branches in northern Cyprus. The branches in the south said that they had exclusive rights for the entire island (with whom they are in an active conflict). To solve this problem, burger kings have to change their name in the north to “Burger City” and keep the original name in the south.
Other Examples
Coronato Coronita
The popular Mexican beer Corona wanted to expand its market to Spain. However, when they started the registration process they realized there was already a trademark registered in this name for alcoholic beverages. The name of that was ‘Bodegas Torre’. So this trademark prevented Corona from registering under the same name.
They’re also a rumor that prevails that the registration of this trademark in Spain failed due to the word “Corona” (crown) which belonged to the royal households. Well, this is not true as other trademarks also exist that include the word “Corona”.
Diesel (Italy) to Diesel (Ireland)
The tribunal recently rejected Diesel Italy’s Request. They tried to prove to the Irish trademark office that they had the right to exclusively use the name in Ireland but the tribunal sentenced in favor of Diesel Ireland. Although it is much less well known and could demonstrate that they did not register the trademark with dishonest intentions or to attract the other organization’s prestige.
Dunkin Coffee to Dunkin’ Donuts
The Spanish trademarks office permits the registration of the generic name “Donuts” under “Panico”, a pastry and bakery company. At that time, Donuts’ word was not commonly used in Spain.
When Dunkin’ Donuts landed in Spain, the fact that “Donuts” had already been registered under a distinctive organization meant they were forced to amend part of their name to avoid entering into a conflict.
If you are looking to get your mark registered, get connected with Trademarkcart Now!!
Let us assist you while deciding registering in which countries is crucial and where a simple TM would work as efficiently.
To avail of exclusive services of trademark search, international registration, WIPO registration, and much more.
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Do Check:
What are Different Types of Patents?
What Can I Trademark: Everything you must know before filling
