Snickers has come up with a way to strengthen their brand, by selling chocolate bars stating miserable character traits. The emotions depicted on the wrapper portray the way you feel when you haven’t had enough to eat, and feel Sleepy, Loopy, Cranky, Irritable, et cetera.
All to emphasise their slogan “You’re not you when you’re hungry”. The idea is that when you’re feeling any of these emotions, you reach for the Mars-manufactured chocolate bar as an aid.
From a legal perspective it is interesting to see whether this fluid use of their trademark will dilute their brand or not. Trademark law states you have to use your mark in the way it is registered. Using it differently can negatively affect the scope of protecting of your mark, or even lead to a total loss of trademark rights. On the other had, “fluid trademarks” have been very “hip” the last couple of years (see examples here).
So Snickers will most likely be fine. And if not, they are going to feel pretty Cranky, Grouchy, Irritable, Whiny or Snippy. Then again, if they do… just have a Snickers!
HEEFT UW MERK AANDACHT NODIG?
Wilt u meer informatie over de bescherming van uw merk?