Brands in the Age of Technology:

A Brand is No Longer Just a Trademark

Weston Anson

wanson@consor.com

CONSOR IP Consulting and Valuation

www.consor.com

Asset Types

Internet Assets

Data Bases

Intangible Assets

Social Media Patents

Copyrights

Trademarks

Trade Secrets Proprietary Systems/

Technology

Intellectual Properties

Asset Identification - Key IP Bundles

Traditional Trademark/Brand Bundle

• Primary Trademarks

• Patterns, Designs

• Corporate Colors

• Worldwide Trademark

Registrations

• Corporate Name and Logos

• Sub-Brand Names

• Website, Graphics

• Advertising Concepts

• Develop an integrated IP strategy of trademarks and technology

• Communicate the strategy

• Use monetization alternatives

• Adapt trademarks into a more technology driven world

• Market combined brand IP

Key Considerations in Developing Brand Strategy

IP Monetization Strategies

Internal Development

Sale and Leaseback

Co-Branding Strategies

IP Securitization

Licensing

Multiple Licensing Strategies

• Traditional licensing

• Retail licensing

• Hybrid licensing

• Online licensing

• Venue licensing

• Stacked licensing

• Brand extension licensing

• Endorsement licensing

• Co-brand licensing

• Cross licensing

• Virtual licensing

• Ingredient licensing

Each Different Form of Brand Licensing will Impact Value

Brands: Trademarks and Technical Innovation

• Trademarks alone cannot sufficiently enhance a brand’s exposure

• Other IP including use of technology, social media, and software

increase a brand’s relevance

In-Store Technologies - Retail

• Traditional brick-and-mortar retailers competing with online-only retailers

has been an uphill battle

• Successful retailers have figured out their best competitive advantage

includes their physical assets and personal customer relationships those

physical assets can build

• Walmart example

Social Media Campaigns – Automotive Industry

• The automotive industry has recognized that it must actively market its

products and services to millennials, and to achieve that goal, companies

must turn to innovative social media campaigns

• Mercedes-Benz launched an advertising campaign utilizing a rapper

• Volvo partnered with a fashion blogger with 4.6 million followers on

Instagram

More Customized Options – Insurance Industry

• Innovation is not just customization and AI through social media, as

consumer innovation will vary across industries

• Customers wanted “skinny” health plan options

• To mitigate against brand damage that could be associated with “skinny”

health plans, the brand chose to attach brand regulations to the new plans

Personalized Products – Fashion Industry

• In the fashion and apparel industry, consumers are demanding both customization and

personalized experiences

• Recognizing this consumer demand, fashion brands, including luxury brands like Louis

Vuitton, Gucci, Burberry, and Goyard, make it possible for their customers to personalize

their products

• Tommy Hilfiger and Polo/Ralph Lauren allow customers to make their own unique clothing

item within a store while they wait

• The NikeID website gives customers the ability to customize their sneakers and share their

designs online

Time-Saving Apps – Industrial Brand

• Otis Elevator Company released an app that allows tenants to call an elevator from their

smart phone

• Otis has also introduced Line of Technology service offerings that allow it to monitor the

health of the elevator in real time

AI and Innovative Learning Technologies – Residential Industry

• Sensor technology can also be seen in the residential industry

• Nest, Ecobee, and Honeywell offer building control systems that “learn” use preferences

from data they collect

Technology Based Brands

Company

• Apple

• Google

• Samsung

• Google

• Lenovo

• Amazon

• Dell

• Microsoft

• Intel

• Apple

• Microsoft

• Microsoft

• Sony

• Pirelli

• RIM

• Aliph

• Google

• Honda

• Ford

• All Pharmaceutical

Companies

Brand

• iPhone

• Maps

• Galaxy

• Chrome

• Think Pad

• Kindle

• Inspiron

• Xbox

• Pentium

• Mac

• Office

• Surface

• Play Station

• Scorpio

• Blackberry

• Jawbone

• Android

• VTech

• F150

Observations

Brand innovation is driven by several major trends:

• Putting technology into the brand

• Using new promotional vehicles (including social media, influencers, and bloggers)

• Interfacing with customer data

• Offering product customization

• Expanding the brand’s core audience

Conclusion – Brands Are No Longer Based On

Trademarks Alone

• Consumers are demanding more innovation from brands and want more options, more

personalization, and more opportunities for engagement

• Brands need to bundle their trademark usage with trade dress, patented technology, cutting edge

social media and software.

• Protection of the brand includes coordination of trademarks, trade secrets, data resources, and a

focus on culture

• The inescapable conclusion is that brand impression falls outside of just trademarks

• A brand is no longer primarily driven by trademarks alone, but an enhanced bundle of intellectual

property

Conclusion – Brands and No Longer Based on

Trademarks Alone

• Enhanced customer contact creates legal issues which must be addressed, and brands must be

mindful of the ownership issues that may be involved in allowing consumers to develop products

• Brands must also take great care in the collection and use of the large amount of personal consumer

data that will inevitably be gathered from these programs

• Above all, brands must also maintain their brand identity (culture) and integrity when launching these

programs

• Balancing all these interests within the new brand bundle of intellectual property platforms, will be the

key to a brand’s success in today’s innovative consumer-driven market

CONSOR’s Services

www.consor.com

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rights, and technology

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• Valuation for transactions, tax purposes, litigation, licensing deals,

and more

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