How could your brand be globally-recognized for over a century?
Be like Coca Cola ® – Use a Multi-faceted IP Strategy
Can you believe that Coca Cola was originally invented in 1886 – nearly 140 years ago!! Its inventor, Dr John Stith Pemberton, started his business by carrying a jug of the new drink to be sampled by a local pharmacy. The drink was so well received that, shortly after, Dr Pemberton and his partner, Frank M. Robinson, came up with the famous trade mark “Coca Cola”, started a newspaper advertising campaign, and the rest is history…
Ever since its invention, the Coca Cola recipe has remained a closely guarded secret. One of the world’s most famous Trade Secrets.
Trade Secrets vs Patents
Keeping something, like, for example, a recipe or algorithm, in the strict secrecy needed to use the Trade Secret provisions to protect it can involve some carefully-designed internal policies and processes. However, there are some benefits to using Trade Secrets, rather than patents, to protect certain things.
The main advantage of Trade Secrets is, of course, is that, provided you can keep it a secret, it can last forever. On the other hand, if you go for a patent, you have to disclose your invention fully, and patents only last 20 years – after that, anyone is free to use the invention. Patents also come with a price tag, of course.
BUT to use the Trade Secrets provisions to enforce your rights against a competitor, you have to prove a) that you were treating it as a Trade Secret within the business, and b) that the competitor has made unauthorised use of whatever the Trade Secret is. If they came up with (say) the recipe/formula/algorithm independently, you have no legal recourse, whereas with patents, infringement occurs whether the innovation was copied or arrived at independently.
Use a Multi-Faceted IP Strategy
Coca Cola ® has become a household name throughout the world and, although the formula itself is protected as a Trade Secret, they have strategically used other forms of intellectual property to build and defend their brand. IP rights such as Trade Marks, Copyright and Design Rights are used to protect the name, the iconic script logo, the contoured bottle shape, and their signature red-and-white color scheme, along with their packaging, advertising, and promotional materials.
The brand as a whole serves as a powerful reminder of how a multi-faceted IP strategy, combining Trade Secrets with registered and unregistered IP rights, can create and sustain a brand that is globally-recognized on sight. They must be doing something right – the brand has already been around for well over 100 years and there is no reason to suppose that it won’t be around for another 100 years or more!
Need Help with your IP Strategy?
Strachan IP is a full service IP firm, with many years’ experience helping innovative SMEs to identify, capture, preserve and protect the valuable IP they create. If you have any questions at all about patents or IP more generally, please book a free initial consultation by emailing vicki.strachan@strachanip.co.uk, or visit our website at https://strachanip.co.uk/contact/, or use our Calendly link: https://calendly.com/strachan-ip-a-fresh-view-of-intellectual-property/30min.
