Introduction
In the contemporary world companies as well as business organizations are competing with one another in trying to attract and retain customers. In order to achieve this, the companies are inventing new ways to market their products as well as producing or coming up with new ones to counter the already existing ones in the market. According to Ehrenberg (1997) the failure by a company to market its product may result in low sales although the quality of the product is good. He notes that unlike in the past where many people used to depend on radio, television, or even bill boards to market their products, today there are numerous ways of marketing a product. The most common one today is the use of internet to market. He states that with the invention of internet, marketing strategies have increased revenue to these companies because more and more people in different corners of the world are able to view an advertisement placed in the internet, and therefore some of them can place the orders irrespective of the country they are in. He notes that with increased technological know how hotels and other hospitality industries have introduced an online booking. When using an online system one is able to make and pay for any bookings made. As a result he notes that the hotels or airlines that have introduced this kind of operation stand to gain more simply because most of the world’s populations have an access to the internet. In addition, he asserts that this system reduces time wastage as one is able to carry out the transaction at the comfort of his or her home or even in the office.
Trade marks
A trade mark is a sign or a logo used by a company or an institution to help distinguish its product from the others of its competitor. Lunney (1999) claims that the new companies use the trade mark as indicators that they have an intention of becoming permanent players in the liberalized market while at the same time willing to meet the never ending demands of the targeted population. According to Becker (2000) when a company is creating a trade mark its main intention is to instill confidence, trust and loyalty in its customers. He observes that if a company designs an attractive trade mark for its goods, then most customers are likely to go for such a product even if the effectiveness of the product is not as good as the users may anticipate. On the other hand, he notes that even if the quality of a product is good its trade mark matters a lot. This is because trade marks are compared to the nature and quality of the product. For instance, he contends that for a long time people have developed a personal taste with Coca Cola products such as Coke, Fanta, Sprite, and many others because the manufacturer designed a trade mark that has for many years become a darling of many consumers all over the world. He attributes this to the fact that many other small companies have not been able to claim a command in an area where Coca Cola has established a plant.
Senftleben (2009) points out that there are so many companies in the world that are producing goods intended for the same use. He says that there are a significant number of companies producing wheat flour for example, and although the quality of the flour from all companies might be same, some companies will experience high sales while other will record low sales. According to Litman (1999) the companies able to address the customers’ expectations especially in taste and preference are the ones likely to benefit from this increased competition. In addition to that creativity on how such a product is branded also matters a lot. He claims that some of the illustrations found on the packaging of these products may attract or push a way customer. This is because of the imagination formed in the customers’ mind the moment he or she gets to read the message or picture placed on such products. According to him, different kinds of companies should have a mechanism that that provides the link between the manufacturer of a certain product to the valuable business assets of trust and goodwill. In order to achieve this he contends that companies should have a distinctive name that they use during their operations Aldred (2008) agrees that such kind of name are very useful tool when it comes to marketing a certain product. This is because such a name is the one going to differentiate a company’s product from the other besides helping the company develop a long term positive relationship with its clients.
According to Swann (2001 & 2006) this is only possible when the company has created and wooed customers mainly through enhancing the brand awareness in them. He claims that this is done by brand recognition, followed by brand preference and then brand insistence. To him, once this has been achieved it becomes an uphill task to convenience a loyal consumer to take an alternative brand at the expense of the already known product. He adds that in such a case a client can even be willing to pay an extra coin to get the product of his or her choice other than try a new product that he or she is not conversant with.
Designing a trade mark
When a company or an institution decides to design a trade mark Reitman (1999) says that there are a number of things that needs to be taken into consideration so that the trade mark can help identify the company with the products it produces or manufactures. At first he says that the trade mark should be one that is easy to remember and pronounce. He contends that depending on the market a company wishes to sell its products, trade marks used should be easily read, understood, and memorized. He argues that if a product is manufactured in the United States of America, then the trade mark used should be written in English since English is widely spoken in the country. However if the same product is to be sold in the Peoples’ Republic of China, or in the Middle East where English is seldom spoken then he says that use of English words to market such products might prove to be a barrier in the marketing strategy simply because the targeted market segment cannot read nor understand the writings on the products. Likewise products made in such countries cannot find market easily in the United States of America if the trade mark used to market them is not written in English or any other language that a bigger population in the United States of America can understand for instance, German or French. Therefore the ability of a trade mark to be read and easily memorized is very important aspect if the product is to penetrate in the market as intended by the manufacturers.
Secondly, the trade mark used should not have any legal restrictions. Beebe (2010) asserts that owing to the rise in goods produced there are some other manufacturers who are using other companies name to market their products. He says that in the Third World Countries especially in Africa there are so many counterfeit goods whose trade marks indicates they are from companies such as SONY or LG. according to him, some of these countries does not have laws governing counterfeiting and as a result these manufactures takes that advantage to avail their goods in such a market. He argues that in one of his research in Africa he came across some goods like SQNY and SUPER LG. He says that owing to wide spread ignorance in Africa many people go for these products because they are cheap only to realize later that they purchased counterfeit goods when they malfunctions. He claims that such companies use the names of their competitors because they are aware that their product would take time before they are accepted in the market. He notes that such products cannot be found in the first world countries because strict laws have been passed to control the proliferation of counterfeit goods. Therefore, he advises that if a company wishes to have its unique brand name, copying or using another competitor’s name should not take place at all costs. He says that in an attempt by a company to reduce the expense incurred when fighting over a trade mark, it should register the trade mark early enough so as to secure it legally so that other competitors do not free ride on it. In order to achieve this, the company should first of all register the trade mark prior to test marketing the new product so that other expenses such as advertising and promotional activities are not incurred when the company realizes that their intended trade mark is not available for use.
Thirdly Koehn (2001) argues that the trade mark used by the company should be distinctive. According to him this is meant to help the consumer create no doubt about the product that he or she is purchasing from the shops. He notes that car manufactures all over the world have very distinctive trade marks that cannot be confused with one another. His main worry lies in the manufacture of electronic gadgets like television sets, radio, computer, as well as appliances like wires. Aaker (1991) says that upcoming manufacturers are using other company’s names to market their products. He says that, many accidents have been reported in a number of countries because the people used counterfeit goods which had not been properly made. As a result consumers may end up blaming the manufacturer for the accident but when the case is fully investigated; he says that the manufacturer is cleared of any wrong doing since the product is found to have been by another company.
Having a positive connotation is a very important aspect of a trade mark. According to Griffiths (2007) people tend to develop a positive or negative attitude towards a certain trade mark depending on what it represents. As earlier stated some companies have a very attractive trade mark that appeals to many people. However, the products manufactured might not meet the standards expected of them and at the same time have so many consumers going after their products. Contrary to that, he notes that quality products may have unappealing trade marks thus less demand of their products by customers. As a result Alford (1995) calls upon people and all other stake holders to consult and carry out a market survey to determine the kind of trade mark that should be placed on their products. He point out that trade marks can be changed later on if the current one being used by the company does not catch the consumers’ attention as it might have been intended. He says that in the year 2001Interbrand annual survey of the most valuable global brand Coca Cola Company emerged top with a total value of about $ 68.9 billion, followed by Microsoft with a total value of $ 65.1 billion and thirdly was IBM with a total value of $52.7 billion.
Values, attitudes and lifestyles (VALS)
According to Offer (2006) values, attitudes and lifestyles has been described as a way of learning the people’s needs depending on their attitudes, needs, as well as wants belief and demographics. He says that people’s needs and tastes have been changing over time especially n the period from 1970s when globalization began taking shape in the world. He points out that the main assumption of the values, attitudes and lifestyles is that people portray their personalities through their actions. He notes that the values, attitudes and lifestyles study has been carried out to try and understand the character of a person that influences the actions of the people in the market place. Nakamoto (1994) asserts that values, attitudes and lifestyles is made up of an eight segment that consist of the following group of people; innovators, thinkers, achievers, experiencers, belivers, strivers, makers, and survivors.
Trade Marks and Advertising
According to Silva (2006) & Brown (2001) one of the roles of trade marks is to identify and differentiate a company’s product from another competitor. However, he notes that trade marks are also performs an advertising function. To them the fact that a trade mark is always found on top of a product makes it to perform the act of advertising. He point out that when a research is conducted to identify the trade mark that is admired by a large number of people, the overall winner helps the designers of the trade mark and the manufactures of the product come together to deliberate on how to maintain their lead in the subsequent years. To him the trade mark is avails the avenues of communication between the brand owners and the rest of the people who are the consumers. For instance they say that in 2001when Coca Cola won the most valuable global brand, the management team had to rethink again on how they could market their products under the Coca Cola brand so that as many people as possible could be reached in order to continue holding that position for a longer time. Furthermore, Ramello ( 2006) notes that if the company does not take proper care, some competitors out there are aiming to tarnish the name of such a prosperous company and his advise to them is that they should protect their trade mark very well else it will be misused by others. In the long run he asserts that such a trade mark may be undermined and thus reduce the consumers’ reliability on a product bearing that kind of a trade mark.
Reichheld (2002) point out that trade marks have been used in providing a better and a reliable point of reference as well as acting as tools of conveying information such as advertising and promotional activity to the targeted consumers. He says that if certain companies like Coca Cola, Nestle, Microsoft and other well renowned companies have a promotion going on, a good number of members of the public will take part because they are aware that such companies cannot swindle them of their money or other resources. He says that this has been brought about by the trust these companies have built on their customers through branding and manufacturing products that are of high quality besides meeting the customers taste and preference.
Ecomides (1998) underscores the importance of using trade marks in advertising by noting that trade marks enhances the peoples’ awareness of a certain product. Some trademarks are so popular with some people to an extent that such people are always longing for another product from the company that manufactured the products that they already know. According to him, if a company began producing that it had not earlier produced, there is a likelihood that the new product is going to attract more customers than the other same products manufactured by other companies. He says that if Nestle decides to bottle water it is likely to win more clients than the already existing bottler because the trade mark is highly respected.
Tushnet (2008) asserts that trade marks have helped a number of companies cut down some of the costs that were incurred in the market and as a result helped the company realize a competitive equilibrium. According to him, trade marks can be used to pass important information to the customers regarding the quality and quantity of a particular product that they want to buy. He observes that trade marks creates an endogenous incentive for business people from being opportunists so that they can deliver high quality goods and services to the clients. Dreyfuss (1990) notes that once this has been realized the customers are now in a better position to select which commodities and of what quantity they need to buy. He adds that trade marks give a customer a chance to retaliate if they find that the product that they bought does not meet their anticipated expectation.
Trade Marks as Intangible Output
In the contemporary world, Keller (1993) has noted that most of the advertisements aired on the television and on the internet are inclined towards appeals to patriotism, sex, and emulation. He notes that most companies are now concentrating on advertising their brands using the feminine figure. According to him nearly all advertisements aired today in television are comparing the products advertized with the femininity. Cars, houses, companies, schools are all advertised using the female figure to enhance its appeal to potential customers. He point out that, during a research in the United States of America he found out that companies that have employed this kind advertisement have recorded a significant increase in their sales.
According to Zaichkowsky (1985) trade marks are today used as away of demonstrating ones status in the society. He says that there is a clique of individuals whose clothes are branded to ensure that as many people as possible get to see them and decide on whether to try such brands. He observes that such trade marks provide both emotional and self expressive benefits as well as functional benefits of covering ones body. In doing so he points out that the kind of branded clothes one is wearing can illustrate his or her class in society and as a result others may wish to have such a trade mark to be associated with them.
Trade Marks as an Influence on Consumer Behaviour
Gordon (2003) points out that when consumers intend to buy a certain type of product, there are a number of factors that they consider before coming to a decision on which one of the many available he or she should buy. He asserts that the cost of the product is the first thing that rings in their mind followed by the advantages attributed to using such a product. He says that, a product may be cheap but since it is not from the preferred company, a customer may abandon it to go and get an expensive product from the manufacturer of his or her choice. He says that people are today opting to go for the expensive brands because their benefits are more than the cheap products.
In addition, Chamberlin (1999) point out that some people like being associated with big brands in the world. He says that, in the automotive industry, some people would rather go for a second hand German car than drive a brand new car from India. According to him people have different tastes and preferences and thus this kind of a scenario. He claims that German cars especially the Mercedes Benz are considered a reserve of the wealthy in the society. As a result whether one is driving a second hand Mercedes Benz, he or she still considers him or herself among the people of the upper social class.
In some instances Oliver (1988) point out that trade marks have facilitated the creation of vertically integrated firms. According to him there should not be a big gap separating the manufacturer and the customer to make sure that the manufacturer is able to address and meet the needs of the customers as time goes on. Blackett (1998) notes that the world has become a global village and cultural diffusions are taking place very fast. Therefore, if the manufacture does not the match with the current trend then people are likely to depend depending on products from such a company and as a result may shift to another manufacturer’s products.
Social value of VALS in Marketing
Today values, attitudes and lifestyles form of marketing has played a great role in turning around the peoples’ perception on certain goods. Landes (1987) notes that values, attitudes and lifestyles have brought about sharp divisions among people in the society. He points out that this division is between those who can afford to buy branded products and those who purchase a product because it is cheap and not because its effective. The world has virtually been split. In his argument he says that people who afford the expensive products find it difficult to mingle easily with the others who can hardly makes ends meet. Therefore rise of social class in many countries of the world.
In addition, Churchill (2003) points out that there have been dramatic changes in people lifestyle over a short duration of time in some places. He argues that with increased globalization, people are able to learn the current trends in fashion and therefore adopts faster if one has the ability to afford the cost required to match with the fashion. He says that what majority of people are relying on is the internet which has become affordable to most of the people in the world.
Ramello (2005) & Drescher (1992) affirm that values, attitudes and lifestyles have led to people developing certain tastes and preferences that cannot be substituted with any other product. They argue that some people have identified with certain products that bringing a substitute to them would not be possible. They note that one of the products that many people have developed a sense of ‘ownership’ is the perfume. They claim that women in particular would rather do without a perfume if the one they are used to is not available. They asserts that an individual can pay a huge amount of money just to get what he or she uses on daily service other than go for its substitute that may be available at a cheaper rate.
Conclusion
Trade mark is a very important tool in every business that has a plan of making a permanent presence in an area. As earlier put forth some manufacturers are taking advantage of the loop holes in the law to export some of their counterfeit goods to the Third World countries. To counter this, the affected countries or regions should ensure that strict laws are passed by the parliament in order to stop this illegal trade from continuing to flourish. Corneo (1997)point out that companies affected for instance SONY should liaise with the government agencies to make sure that the culprit are brought to book. In addition to that Zeithmal (1996) points out that it is the responsibility of any company to register its trademark prior to commencing operations so that they can have enough time to check on whether there is a trade mark registered in the name they want to register theirs. Trade mark stealing is a global phenomenon and as a result calls for all countries to come together to help wipe this menace once and for all within and beyond our boarders. Lemley (1999) says that if we manage to achieve this, then governments will be able to earn revenue charged on the export and import of these goods. He notes that the moment the goods are discovered to be counterfeit, the government does not earn any excise duty since the consignment is in most cases destroyed or if that is not the case, the ship is directed to take back the consignment from its point of origin.
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