变化地区 :阿联酋/沙特阿拉伯
Changeability is one of the governing characteristics of the contemporary world. Everything and everywhere is changing and transforming: information is updated regularly, thanks to the public availability and openness of information and the Internet, discoveries and achievements are made faster, people are constantly communicating and often change their preferences.
Today, consumers are faced with an abundance of homogenous products, and the entrepreneur has to constantly act and work on product characteristics in order to maintain interest in the product. In this regard, rebranding, which some firms do on a regular basis, becomes particularly important. It is worth noting that, although the brand is a set of intangible assets of the enterprise, for the purposes of this article we will talk about trademarks.
The main reason for rebranding is the desire to maintain or increase the level of consumer demand. Based on this, it is possible to identify the following set of premises, which indicate the need for change.
The above facts indicate that the prerequisites for rebranding may be different. But, in fact, they all lead to the same thing which is a trademark change. Let’s see how this process looks from a legal perspective.
So, the entrepreneur has decided to rebrand. To understand what legally significant actions are required to perform, the following questions should be answered.
If the right holder has decided to make partial changes to the trademark, in certain cases it is possible not to register the new trademark. It is allowed to make minor design changes to the registered visual identity, provided that these transformations do not affect the main elements of the trademark. And also allow to change the list of goods and services in the direction of reduction. A detailed description of the procedure for making such changes can be found here.
In the case where the manufacturer decides on the complete transformation of the trademark, regardless of whether it will use a certain identity for similar classes of the Nice Classification or not, the entrepreneur has to re-register the trademark.
To summarize the above, it should be noted that most global corporations, such as Coca Cola, Nestle, PepsiCo and others regularly rebrand products, which indicates the justification and paying back of such a corporate policy.