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A trademark (also written trade mark or trade-mark ) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colors used to create a unique identity. For example, Pepsi® is a registered trademark associated with soft drinks, and the distinctive shape of the Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design.

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119-741: Just Do It or JDI for short is a trademark of shoe company Nike . Kalin Reeves tagline was coined in 1988 at an advertising agency meeting. The founder of the Wieden+Kennedy agency, Dan Wieden , credits the inspiration for his "Just Do It" Nike slogan to a death row inmate Gary Gilmore ’s last words: "Let's do it." From 1988 to 1998, Nike increased its share of the North American domestic sport-shoe business from 18% to 43% (from $ 877 million to $ 9.2 billion in worldwide sales). In many Nike-related situations, "Just Do It" appears alongside

238-509: A green screen . Each student had been instructed to provide the artists with a script to introduce their work, and the resulting footage was released under a Creative Commons license, enabling the public to freely adapt and remix it. One segment, written by Joshua Parker, in the form of an exaggerated motivational speech dubbed "Just Do It" after the eponymous Nike slogan, became an Internet meme after going viral within days of being released, spawning numerous remixes and parodies, and becoming

357-592: A "first-to-file" system, which grants rights to the first entity to register the mark. However, well-known trademarks are an exception, as they may receive protection even without registration. In contrast, a few countries, like the United States, Canada, and Australia, follow a "first-to-use" or hybrid system, where using the mark in commerce can establish certain rights, even without registration. However, registration in these countries still provides stronger legal protection and enforcement. For example, in

476-463: A TV advertisement for toys. The child then shares this information with their parent, the target market, who will be influenced to go purchase the toy. A target market is a selected group of consumers who share common needs or characteristics. Often these characteristics can be segmented into four different marketing groups, geographic, demographic, psychographic or behavioral (Kotler, P., Burton, S., Deans, K., Brown, L., & Armstrong, G., 2013). Once

595-411: A business decides to aim its marketing and advertising strategies at in order to sell a product or service. Defining a 'target market' is the first stage in the marketing strategy of a business, and is a process of market segmentation. Market segmentation can be defined as the division of a market into its select groups, based on a variety of factors such as needs, characteristics and behaviours, so that

714-444: A business must examine consumer behavior trends. Behavioral trends could include online purchasing instead of in-store purchasing, or modern consumers purchasing a new smartphone annually. They should then select a segment of consumers whose behavior aligns with the functionality and purpose of the product to be the intended audience for a marketing campaign. Target consumers can be identified by businesses as they will indicate that there

833-404: A business when it is planning a marketing campaign, as the information that the business gathers will determine what the most profitable target market for the campaign is, and how to reach this market. The business must also look to their competitors to see what processes they are currently taking to try and solve the problem, and which consumers they are targeting (Sherlock, 2014). This will allow

952-468: A business would use quantitative methods of data collection. This tiny method will provide a statistical approach to identifying the target audience. Psychographics is the use of sociological, psychological and anthropological factors, as well as consumer behavior, style of living and self-concept to determine how different market segment groups make decisions about a philosophy, person or product (Weinstein, 2014). Psychographic information can be utilized by

1071-457: A city or area with a heavy drinking culture will encounter high liquor sales, whereas a city or area with a minimal drinking culture will experience low liquor sales. Each country has consumers of the same demographic, but due to the cultural influence of the geographical area, their purchase decisions are different. A basic example of a consumer profile is: males aged 35–40 who live in the US and have

1190-411: A company has defined their target market, they will aim their products, services and marketing activities towards these consumers in a way that will hopefully persuade them to purchase the product or service (Kotler, et al., 2013). The impact of this will result in either a gratifying or deficient marketing strategy. Reaching a target audience is a staged process, started by the selection of the sector of

1309-444: A company or product. A trademark, by contrast, offers legal protection for a brand with enforceable rights over the brand's identity and distinguishing elements. Trademark law is designed to fulfill the public policy objective of consumer protection , by preventing the public from being misled as to the origin or quality of a product or service. By identifying the commercial source of products and services, trademarks facilitate

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1428-467: A competitor uses the same or a confusingly similar trademark for the same or similar products in a jurisdiction where the trademark is protected. This concept is recognized in many jurisdictions, including the United States, the European Union, and other countries, though specific legal standards may vary. To establish trademark infringement in court, the plaintiff generally must show: Trademark

1547-407: A consumer's web history, tracking them online to see exactly which websites they have visited. The marketer then has a second chance to show the consumer a related product from a previously visited website, which the consumer had turned down earlier (Libert, Grande, & Asch, 2015). Social media such as Twitter, Snapchat discover, Instagram, YouTube and Facebook allow two-way communication between

1666-593: A customer is often determined by purchasing behavior and product preference (Lin, 2002, p. 250). This gives marketers an understanding of what type of lifestyle consumers live. A lifestyle is defined with three main sections: activities, interests, and opinions (AIO). If a marketer can conduct lifestyle research through previous purchasing behavior it gives an excellent understanding of AIOs enabling target audiences to be effectively determined (Hoyer, Macinnis, & Pieters, 2013, p. 401-403). Two key marketing terms are target audience and target market. Distinguishing

1785-630: A distinctive label or ticket'. In the United States , Congress first attempted to establish a federal trademark regime in 1870. This statute purported to be an exercise of Congress' Copyright Clause powers. However, the Supreme Court struck down the 1870 statute in the Trade-Mark Cases later on in the decade. In 1881, Congress passed a new trademark act, this time according to its Commerce Clause powers. Congress revised

1904-567: A form of direct marketing. Using these direct forms of communication, customers of the product or service will receive personal, efficient and easily accessed information on the product. This could influence the customer to purchase the product or service. This is arguably the most straightforward and direct process for reaching the appropriate target audience (Evans, O'Malley & Patterson, 1995). Marketing communications channels have undergone huge changes, shifting away from traditional mass-market type advertisements such as television and radio. This

2023-437: A generic product or service name. They should stand out from the surrounding text using capital letters, bold type, italics, color, underlining, quotation marks, or a unique stylized format. For example, say “LEGO® toy blocks” instead of “Lego’s.” A trademark may be designated by the following symbols: While ™ and ℠ apply to unregistered marks (™ for goods and ℠ for services), the ® symbol indicates official registration with

2142-418: A large effect on preferences for cars, clothes, home furnishings, leisure activities, reading habits, and retailers (Kotler et al., 2014). Consumers are divided by their knowledge, attitudes, and use of, or response to, the product (Kotler et al., 2014). Marketers can group buyers according to the occasion when they made the purchase or used the product. For example, Kotler et al. (2014) suggests that air travel

2261-609: A loss of rights in the trademark. It is still possible to make significant changes to the underlying goods or services during a sale without jeopardizing the trademark, but companies will often contract with the sellers to help transition the mark and goods or services to the new owners to ensure continuity of the trademark. Trademarks are often confused with patents and copyrights . Although all three laws protect forms of intangible property, collectively known as intellectual property (IP), they each have different purposes and objectives: Among these types of IP, only trademark law offers

2380-430: A market is targeted by business strategies, whilst advertisements and media, such as television shows, music and print media, are more effectively used to appeal to a target audience. A potential strategy to appeal to a target audience would be advertising toys during the morning children's TV programs, rather than during the evening news broadcast. A target market is a select group of potential or current consumers, which

2499-452: A particular advertisement or message. Businesses that have a wide target market will focus on a specific target audience for certain messages to send, such as The Body Shop Mother's Day advertisements, which were advertising to children as well as spouses of women, rather than the whole market which would have included the women themselves. Another example is the USDA's food guide, which

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2618-414: A problem could be a lack of cheap air-conditioning units on the market. If a business enters the air-conditioning unit market selling their units at a low price, consumers who couldn't afford the other air-conditioning units will see this as a solution to the problem and will purchase the new units. The problem that the business solves can be identified by searching for similar businesses or business ideas. If

2737-577: A return on investment (Cahill, 1997, p. 10-11). To effectively determine the brand's target audience, marketing managers should consider the three main general aspects of target audience grouping: demographics, psychographics and consumer lifestyle (Percy, Rossiter, & Elliott, 2001, p. 65). To determine the target audience, the business must first identify what problem their product or service solves, or what need or want it fulfills (Sherlock, 2014). The problem must be one that consumers are aware of and thus will be interested in solving. For example,

2856-423: A select group of individuals. The effectiveness of a target audience campaign is dependent on how well the company knows their market; this can include details such as behaviours, incentives, cultural differences and societal expectations. Failure to identify these trends can lead to campaigns being targeted at the wrong audiences, and ultimately a loss of money or no change at all. An example of this type of failure

2975-423: A simpler target market strategy. Following through a media plan requires attention at every stage, and requires a range of factors to be considered. In order, these include: Each of these sections goes into even more detail, such as media units, which includes such minute details as the length of a broadcast commercial or the size of a print advertisement. A thoroughly followed, planned and implemented media plan

3094-452: A small percentage of the market but account for a high percentage of total consumption. Loyalty status can prove to be very significant to a marketer's product or service. Kotler et al., (2014) expresses, a reason for increasing customer loyalty is that "loyal customers are pricing insensitive compared to brand-shifting ideas." To understand the effects of marketing on audience improvement, the basic marketing principles need to be outlined, and

3213-420: A strategic plan need to use target marketing in their decisions (Dibb & Simkin 1998). Target marketing is also part of the segmentation process, where groups who share the same needs and wants are segmented into specific categories. According to Dibb and Simkin, (1998) the final process of target marketing is the design of marketing mix programme. The marketing mix tools are made up of four broad groups known as

3332-818: A university-level education (demographic), are a sociable extrovert from a top-middle economic class and live an active lifestyle (psychographic), lives in Nashville, Tennessee (geographic) and makes small and frequent purchases without considering the product's brand (behavioural). This profile will allow the business to tailor their marketing campaign to attract specific consumers. There are many methods of demographic, psychographic, geographic and behavioral data collection. There are quantitative methods, being statistical processes such as surveys and questionnaires, and qualitative methods, being in-depth approaches such as focus groups or comprehensive interviews (Dudley et al. 2014). The different aspects of consumers are all essential to

3451-572: A whole, media officials, or a variety of other groups" (Tambien, E., n.d.). Tom Duncan, author of The Principles of Advertising and IMC, and founder of the Integrated Marketing Communication (IMC) graduate program at the University of Colorado, defines target audience as "a group that has significant potential to respond positively to a brand message" (Northwestern University., n.d.) (Duncan, T., 2005). This 'group'

3570-701: A whole. Trademark protection does not apply to utilitarian features of a product such as the plastic interlocking studs on Lego bricks. The earliest examples of use of markings date back to around 15,000 years ago in Prehistory . Similar to branding practices, the Lascaux cave paintings in France, for instance, depict bulls with marks, which experts believe may have served as personal marks to indicate livestock ownership. Around 6,000 years ago, Egyptian masonry featured quarry marks and stonecutters' signs to identify

3689-493: Is "escalator," which was once a trademark. In contrast, patents have a fixed term, typically lasting 20 years from the filing date, after which the invention enters the public domain. Copyrights generally last for the life of the author plus an additional 50 to 70 years (depending on the jurisdiction), after which the protected work enters the public domain. Although intellectual property laws such as these are theoretically distinct, more than one type may afford protection to

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3808-429: Is a "market coverage strategy in which a company goes after a large share of one or a few sub-markets (Kotler, et al., 2013)." This strategy enables companies to create a strong market position without mass production, distribution or advertising. This strategy is usually beneficial as it does not involve a lot of competition. A business is able to gain greater knowledge of their distinct segment, as they are more focused on

3927-783: Is a demand for the product by their behavioral signals (Dowhan, 2013). Their interests, hobbies and past purchase activity provide a platform on which the business can base their marketing campaign (Dowhan, 2013). Geographic information is essentially where the customer is located and is vital to the business when they are determining their target audience. This is because customers located in different geographic areas are going to encounter different things that influence their purchase decisions (Kahie, 1986). These can be any number of things, including resources, cultures, and climates, which can cause their behavior, psychographic information and influences to differ with those who are in same demographic but are geographically distant (Kahie, 1986). For example,

4046-408: Is a strategy used to capture a whole audience, rather than focusing on the differences in segmented markets. A business will typically design one product line and focus on what consumer demands are most frequent, in order to create a marketing program that will appeal to the greatest amount of purchases. This strategy commonly uses mass distribution and advertising to help create an admirable product and

4165-416: Is also a way the business can stand out against its competitors (Kotler, et al., 2013). Marketers have outlined four basic strategies to satisfy target markets: undifferentiated marketing or mass marketing, differentiated marketing, concentrated marketing, and micromarketing/ nichemarketing. Mass marketing is a market coverage strategy in which a firm decides to ignore market segment differences and go after

4284-484: Is due to advancements in technology and the Internet era developing brand new communication channels such as web advertising, social media and blogs (Bruhn, Schoenmueller, & Schäfer, 2012, p. 770-772 ). Many businesses such as Coca-Cola are engaging with their target audience through these modern media channels, opening up a two-way communication from brand to consumer and consumer to brand. This approach generates

4403-443: Is effective in generating brand awareness, in today's market more and more consumers are online, engaged in more than one media channel at a time. Traditional media cannot target this consumer effectively where an omni-channel marketing approach is needed (Brynjolfsson, 2013). Traditional media is considered expensive for smaller businesses with limited ability to market to the intended target audience; this mass marketing approach serves

4522-435: Is essential to become familiar with your target market; their habits, behaviors, likes, and dislikes. Markets differ in size, assortment, geographic scale, locality, types of communities, and in the different types of merchandise sold. Because of the many variations included in a market it is essential, since you cannot accommodate everyone's preferences, to know exactly who you are marketing to. To better become acquainted with

4641-448: Is generated by occasions relative to business, vacation, or family. Another way marketers can group buyers using behavioral variables is user status and usage rate. They can be segmented into nonusers, former users, potential users, first-time users and regular users of a product, (Kotler et al., 2014). Usage rate is the segmentation into light, medium and heavy product users. According to Kotler, et al., (2014) heavy product users are usually

4760-488: Is important to the business because it gives a basic background of the customers the business is intending to aim its marketing campaign at. This helps them to judge on a basic level how to communicate effectively with who they have identified as the target audience. Demographics are key because they provide the foundation of who the business will be targeting (Sherlock, 2014). Demographics is statistical information that does not require in-depth analysis to provide an answer, thus

4879-434: Is incorrectly conveyed. Side effects such as a campaign backfire and 'demerit goods' are common consequences of a failed campaign. Demerit goods are goods with a negative social perception, and face the repercussions of their image being opposed to commonly accepted social values. Defining the difference between a target market and a target audience comes down to the difference between marketing and advertising. In marketing,

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4998-435: Is inherently distinctive (able to identify and distinguish a single source of goods or services), often falling into categories such as suggestive, fanciful, or arbitrary, and is therefore registerable. In contrast, weak trademarks tend to be either descriptive or generic and may not be registerable. The registration process typically begins with a trademark clearance search to identify potential conflicts that could prevent

5117-406: Is not cost effective and involves a lot of research and development, as well as a whole range of promotion that is unique to each specific product. Although this strategy often has more sales than those who use an undifferentiated marketing strategy. When considering this strategy one must consider the increased sales against the increased cost (Kotler, et al., 2013). Concentrated (niche) marketing

5236-434: Is possibly one of the most cost effective. The narrow product line, undifferentiated advertising program and absence of segmented market research and planning, all contribute to keeping the costs down. Many do not believe in this strategy, due to the high amount of competition and the difficulty in creating a product that satisfies a majority of consumers (Kotler, et al., 2013). A differentiated (segmented) marketing strategy

5355-676: Is required to achieve outright success in a campaign. Therefore, ignoring any of the factors can lead to a miscommunication with consumers and ultimately a failure to fully reach the whole target audience effectively. Effective marketing consists of identifying the appropriate target audience, and being able to appoint the correct marketing strategy in order to reach and influence them. Four key targeting strategies largely used within businesses are; undifferentiated (mass) marketing, differentiated (segmented) marketing, concentrated (niche) marketing, and lastly micro (local or individual) marketing (Kotler, et al., 2013). Undifferentiated (mass) marketing

5474-503: Is required to act as the "basic mark." In the international application, the trademark owner can designate one or more Madrid System Member countries for protection. Each designated country’s trademark office will review the Madrid application under its local laws to grant or refuse protection. In the United States, for example, a trademark must first be registered or pending with the U.S. Patent and Trademark Office (USPTO) to serve as

5593-466: Is subject to various defenses, such as abandonment, limitations on geographic scope , and fair use. In the United States, the fair use defense protects many of the interests in free expression related to those protected by the First Amendment . Fair use may be asserted on two grounds, either that the alleged infringer is using the mark to describe accurately an aspect of its products, or that

5712-424: Is targeted through particular marketing communication channels such as advertising, which aim to create a positive interaction towards the brand (Tyson, R., 2014). If this is successful, the audience will play a huge role in influencing other potential customers to purchase the product or service. An example of this is when a child, part of a target audience, is positively reached through a communication channel such as

5831-435: Is the ability to reach a huge audience. This type of marketing is commonly known as mass marketing and accounted for 70% of media spending in 2013 (Hoyer, Macinnis, & Pieters, 2013, p. 118-120). These media vehicles are better suited to a brand's attempt to stay relevant or build brand awareness in the mass market it communicates with (Bruhn, Schoenmueller, & Schäfer, 2012, p. 781-782). Although traditional media

5950-516: Is through direct marketing. This is done by buying consumer database based on the segmentation profiles you have defined. These database usually comes with consumer contacts (e.g. email, mobile no., home no., etc.). Caution is recommended when undertaking direct marketing efforts — check the targeted country's direct marketing laws. Target audiences are formed from different groups, for example: adults, teens, children, mid-teens, preschoolers, men, or women. To market to any given audience effectively, it

6069-606: Is used to refer to both trademarks and service marks. Similarly, the World Intellectual Property Organization (WIPO) defines a trademark as a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. WIPO administers the Madrid Protocol , which allows trademark owners worldwide to file one application to register their trademark in multiple countries. Almost anything that identifies

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6188-508: Is when a business chooses to target multiple segments of the audience, by creating a different variations of its product for each. An example of this is V energy drinks who offer a large range of products including; V regular, V sugar free, V zero, V double espresso (V-Energy., n.d.). Typically when using this marketing strategy, recognition of the company is widened and repeat purchasing is strengthened, with customers gaining products that are more tailored to their needs. This strategy unfortunately

6307-587: The European Union Intellectual Property Office (EUIPO). Registration provides the owner certain exclusive rights and provides legal remedies against unauthorized use by others. Trademark laws vary by jurisdiction but generally allow owners to enforce their rights against infringement, dilution, or unfair competition. International agreements, such as the Paris Convention and the Madrid Protocol , simplify

6426-588: The marketing mix is a significant marketing strategy to pinpoint the target audience and further market appropriately to that audience. The marketing mix involves designing the packaging, pricing of the product, distributing of the product, and promoting or communicating about the product (Galvin, 1998). These processes are known as the 4 Ps. The market strategy and the marketing mix allow room to create value for customers and build profitable customer relationships (Kotler et al., 2014). These customer relationships can create an idea of exactly what target audience applies to

6545-646: The "basic mark" necessary for Madrid filings. The trademark registration process with the USPTO generally follows these steps: Trademark owners seeking protection in multiple jurisdictions have two options: the Paris route, under the Paris Convention , or the Madrid System , which is administered by WIPO . The Paris route, covering 180 countries and also known as the "direct route," requires filing separate applications with each country’s IP office. In contrast,

6664-442: The 'let's' thing, and so I just changed that, cause otherwise I'd have to give him credit," Wieden joked. The "Just Do It" campaign launched in 1988 was highly successful, with the company defining the meaning of "Just Do It" as being both "universal and intensely personal." While Reebok was directing their campaign at aerobics during the fitness craze of the 1980s, Nike responded with "a tough, take no prisoners ad campaign." One of

6783-425: The 4 Ps: product, price, place, and promotion (Kotler et al., 2014). The use of the marketing mix programme will provide sufficient data and knowledge for appropriate marketing strategies to reach the specific target audience. Target marketing strategy can be segmentation: Market segmentation demonstrates dividing the market into distinct groups that may require different products or services (Kotler et al., 2014). Using

6902-518: The Disney cruise line company has a specific segment of their target market being families with children. Customers may be sorted based on social class, lifestyle, or personality characteristics (Kotler et al., 2014). According to Kotler et al., (2014) people who in the same demographic area can have completely different psychographic characteristics. Marketers generally segment target markets into consumer lifestyles and their social class. Social class has

7021-429: The European Union requires "genuine use" of the mark within a continuous five-year period following registration to maintain the trademark, with non-use potentially resulting in revocation. The trademark owner must enforce their rights to preserve the trademark's distinctiveness , prevent trademark infringement, and avoid dilution. Enforcement after registration generally involves: Trademark infringement occurs when

7140-468: The Madrid System streamlines the process by allowing a single Madrid application, built on an existing or applied-for national or regional registration (the "basic mark"), to extend protection to up to 131 countries. Unlike patents and copyrights , which have fixed expiration dates, trademark registrations typically have an initial term of 10 years and can be renewed indefinitely, as long as

7259-503: The Nike logo, known as the Swoosh . Dan Wieden, cofounder of the advertising firm Wieden and Kennedy, revealed the phrase was inspired by the final words of death row inmate Gary Gilmore who was facing execution and said, "You know, let's do it." "I remember when I read that I was like, that's amazing. I mean how, in the face of that much uncertainty, do you push through that? So I didn't like

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7378-577: The Roman Empire. Other notable trademarks that have been used for a long time include Stella Artois , which claims use of its mark since 1366, and Löwenbräu , which claims use of its lion mark since 1383. The first trademark legislation was passed by the Parliament of England under the reign of King Henry III in 1266, which required all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in

7497-528: The Trademark Act in 1905. The Lanham Act of 1946 updated the law and has served, with several amendments, as the primary federal law on trademarks. The Trade Marks Act 1938 in the United Kingdom set up the first registration system based on the "intent-to-use" principle. The Act also established an application publishing procedure and expanded the rights of the trademark holder to include

7616-492: The Trademark Electronic Search System (TESS) in 2023. A comprehensive clearance search involves checking the USPTO database for federally registered and applied-for trademarks, state trademark databases, and the internet to see if someone else has already registered that trademark or a similar one. The search should also include looking at both words and designs. To search for similar designs in

7735-486: The UK Patent Office for the first time. Registration was considered to comprise prima facie evidence of ownership of a trademark and registration of marks began on 1 January 1876. The 1875 Act defined a registrable trade mark as a device or mark, or name of an individual or firm printed in some particular and distinctive manner; or a written signature or copy of a written signature of an individual or firm; or

7854-400: The USPTO database, design search codes must be used. WIPO ’s Global Brand Database provides international access to trademarks and emblems. Trademark owners can either maintain protection at the national level or expand internationally through the Madrid System by building on their national registration. To pursue international protection, a national registration or pending application

7973-584: The United States, trademark rights are established either (1) through first use of the mark in commerce, creating common law rights limited to the geographic areas of use, or (2) through federal registration with the U.S. Patent and Trademark Office (USPTO), with use in commerce required to maintain the registration. Federal registration with the USPTO provides additional benefits, such as: Trademark law grants legal protection to "distinctive" trademarks, which are marks that allow consumers to easily associate them with specific products or services. A strong trademark

8092-479: The Year can identify herself as such on her website. Target group The target audience is the intended audience or readership of a publication , advertisement, or other message catered specifically to the previously intended audience. In marketing and advertising , the target audience is a particular group of consumer within the predetermined target market , identified as the targets or recipients for

8211-556: The advertisement, especially after the context of the controversial act of kneeling during the National Anthem in 2016 , gave rise to a social movement against Nike. Many individuals took to Twitter and other social media sites to revolt, adopting hashtags such as, #JustDont or #BoycottNike. Many former fans of Nike protested by explicitly demanding that others boycott or even go as far to burn Nike shoes or destroy various other merchandise. Nevertheless, many analysts suggested that

8330-459: The alleged infringer is using the mark to identify the mark owner. One of the most visible proofs that trademarks provide a limited right in the U.S. comes from the comparative advertising that is seen throughout U.S. media. An example of the first type is that although Maytag owns the trademark "Whisper Quiet" for its dishwashers, makers of other products may describe their goods as being "whisper quiet" so long as these products do not fall under

8449-420: The application of the marketing mix can be appropriate to the individual. Segmentation of the market gives a business the ability to define its target market for its product or service, and apply the marketing mix to achieve the desired results. A business must identify and understand its target audience if their marketing campaign is to be successful. It allows the business to craft their products or services to

8568-438: The barring of trademark use even in cases where confusion remained unlikely. This Act served as a model for similar legislation elsewhere. The oldest registered trademark has various claimants, enumerated below: Trademark protection can be acquired through registration and/or, in certain countries, through use. Globally, the most common method for establishing trademark rights is registration. Most countries operate under

8687-576: The brand's following through social media vehicles, which are increasingly where consumers find brand content and information. By increasing engagement with target audiences, businesses have the opportunity to increase brand equity through both traditional media and social media (Bruhn, Schoenmueller, & Schäfer, 2012, p. 781-782). Traditional media vehicles such as television, radio and press have been utilised by marketers for many years but have limitations when trying to reach an individual target audience. The advantage traditional media gives businesses

8806-490: The business and consumer which cannot be achieved by traditional media. This communication benefits both the business using social media as a tool and the consumer, as they can build meaningful relationships with the business and other consumers, creating a community around the brand. This community can provide new insights for the business, identifying problems and offering solutions through social interactions (Tsimonis & Dimitriadis, 2014, p. 328-330). When businesses have

8925-452: The business and contribute to a successful communication process from the business to the target audience and then feedback from the target audience to the business. Once the business has gathered data from consumers about their demographic, psychographic, geographic and behavioral situations, they can analyze this and use it to identify a rough target audience. This can be refined by the analysis of competitors' processes and targets, allowing

9044-560: The business through a marketing campaign aimed at them (Dowhan, 2013). Consumer behavior is the purchase decision process, what influences their purchase decision, what purposes they use the purchased good for, and their responses and attitudes to the product (Cheng et al., 2015). Cheng et al. explains that consumer's behavior is affected by messages sent by the business, which in turn affects their attitudes towards brands and products, and ultimately what products they choose to purchase (Cheng et al., 2015). When determining their target audience,

9163-443: The business to formulate a more segmented target audience. Then the segmented target audience can be refined into a clear objective of which consumers the business is targeting, thus creating the specific target audience for a marketing campaign. A lifestyle is defined as "a person's pattern of behavior" which is closely related to a consumer's personality and values (Hoyer, Macinnis, & Pieters, 2013, p. 401). The lifestyle of

9282-422: The business to gain a deeper understanding of the consumer groups they intend to target, by analyzing the more intimate details of the consumer's lifestyle and thinking processes so as to gain an understanding of their preferences. Things like financials, interests, hobbies, and lifestyle will all be filtered by the business to create a target audience that will, in theory, be open to the product and will connect with

9401-415: The business to get an idea of the type of consumer they will be targeting, and what the best way is to communicate with this type of consumer. This information can be used to allow the business to differentiate slightly from the competition in order to give them a competitive advantage once the marketing campaign begins. Once the target audience has been identified, the business must then create content for

9520-414: The campaign that will resonate and effectively communicate with the consumer (Sherlock, 2014). Tracie Sherlock emphasizes that the level of content with which the business will be reaching the consumer should be of high quality, as 92% of marketers specify that high-level content is valuable for a campaign (Sherlock, 2014). This high level of content will help consumers to connect on a more personal level with

9639-504: The campaign was successful, as the target group of the advertisement endorsed it. Trademark The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks is typically secured through registration with governmental agencies, such as the United States Patent and Trademark Office (USPTO) or

9758-423: The campaign's objectives was to target all Americans—regardless of age, gender or physical fitness level—and Nike's fundamental objective was to represent sneakers as a fashion statement to consumers, which led to Nike apparel becoming worn as more than just fitness gear. The "Just Do It" campaign went out to a range of media outlets including merchandise, outdoor billboards, print media, and graffiti art. Throughout

9877-575: The campaign, Nike enlisted a range of people from varying ethnicities and races, as well as numerous notable athletes, in order to attract customers and promote the image of Nike as being reliable to not only everyday customers but professional athletes. Athletes such as football stars Bo Jackson , Ronaldinho , and Wayne Rooney ; basketball stars Michael Jordan and Kobe Bryant ; and tennis stars Roger Federer and Rafael Nadal were used in their advertisements. The campaign embodied Nike's image as an innovative American icon associated with success through

9996-468: The combination of professional athletes and motivational slogans emphasizing sportsmanship and health. This led to customers associating their purchases with the prospect of achieving greatness. In May 2015, the performance art group LaBeouf, Rönkkö & Turner released #INTRODUCTIONS , a half-hour video made in collaboration with Central Saint Martins Fine Art students, comprising a series of short monologues performed by actor Shia LaBeouf in front of

10115-406: The correct target market(s) and defining a target audience is a crucial step when owning a business. Although the two are very similar, it is essential to understand the differences. A target audience is generally associated with a business's marketing message, which highlights advantages and benefits of a business's product or service. Examples of a target audience are "company employees, society as

10234-407: The desired demands of individual customers. An example of this is Coca-Cola, who enables customers to personalise their Coke cans by being able to print their name or choice of text onto the can packaging (Coca-Cola., n.d.). Despite the extra costs for the business, allowing customer to design and create a product they desire to suit their own needs, can create value and loyalty towards the business. It

10353-406: The direct marketing industry has been the fastest growing sector of marketing communications. There are multiple forms of direct marketing such as direct mail, the telephone, direct-response television, e-mail, the Internet and other tools to connect with specific consumers (Kotler et al., 2014). Evans, O'Malley and Patterson (1995) and Kotler et al. (2014) also consider leaflet drops and samples to be

10472-409: The identification of products and services which meet the expectations of consumers as to the quality and other characteristics. Trademarks may also serve as an incentive for manufacturers, providers, or suppliers to consistently provide quality products or services to maintain their business reputation. Furthermore, if a trademark owner does not maintain quality control and adequate supervision about

10591-463: The ins and outs of your designated target market legend, a market analysis must be completed. A market analysis is a documented examination of a market that is used to enlighten a business's preparation activities surrounding decisions of inventory, purchase, workforce expansion/contraction, facility expansion, purchases of capital equipment, promotional activities, improvement of daily operations and many other aspects. Marketing organisations undertaking

10710-574: The late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857 with the "Manufacture and Goods Mark Act". In Britain, the Merchandise Marks Act 1862 made it a criminal offense to imitate another's trade mark 'with intent to defraud or to enable another to defraud'. The passing of the Trade Marks Registration Act 1875 allowed formal registration of trademarks at

10829-532: The manufacture and provision of products or services supplied by a licensee, such "naked licensing" will eventually adversely affect the owner's rights in the trademark. For US law see, ex. Eva's Bridal Ltd. v. Halanick Enterprises, Inc. 639 F.3d 788 (7th Cor. 2011). This proposition has, however, been watered down by the judgment of the House of Lords in the case of Scandecor Development AB v. Scandecor Marketing AB et al. [2001] UKHL 21; wherein it has been held that

10948-415: The mark remains in continuous use in commerce. If the trademark owner stops using the mark for too long (typically three to five years, depending on the jurisdiction), the trademark rights may be lost. For example, in the United States, trademark rights are based on use in commerce. If a mark is not used for three consecutive years, it is presumed abandoned and becomes vulnerable to challenges. Similarly,

11067-518: The market into demographic field such as age, life cycle, gender, income, occupation, education, religion, and nationality (Kotler et al., 2014). Some companies offer different products and market strategies to allocate to various age and life cycles, other companies focus on specific age of life cycle groups. Kotler et al., (2014) states an example, Disney cruise lines primarily focus on families with children large or small, and most destinations offer children and parent orientated activities. This shows that

11186-476: The mere fact that a bare license (the equivalent of the United States concept of a naked license) has been granted did not automatically mean that a trademark was liable to mislead. By the same token, trademark holders must be cautious in the sale of their mark for similar reasons as apply to licensing. When assigning an interest in a trademark, if the associated product or service is not transferred with it, then this may be an "assignment-in-gross" and could lead to

11305-517: The message market widely rather than deeply with the intended audience (Bruhn, Schoenmueller, & Schäfer, 2012, p. 781-782 ). To reach today's target audience effectively, traditional media such as television advertisements must be implemented in an integrated marketing communications campaign rather than the sole media vehicle to deliver a brand's message (Hoyer, Macinnis, & Pieters, 2013, p. 3-7) Marketers can use online media to better reach their target audience. Once marketers understand

11424-503: The most searched-for GIF of 2015, according to Google . The "Just Do It" campaign celebrated its 30th anniversary on September 5, 2018, with the release of their video titled "Dream Crazy". This short video followed the trend of Nike partnering up with famous or trending athletes and featured numerous household named sports figures such as LeBron James , Serena Williams , and Colin Kaepernick . The involvement of Kaepernick with

11543-509: The needs and wants of the local customer groups, cities, neighborhoods and even specific stores (Kotler, et al., 2013)." This type of marketing does have difficulties especially when it comes to manufacturing and marketing costs, meeting the mixed requirements for each market location and brand image familiarity. New developing technologies and fragmented markets regularly exceed these obstacles (Kotler, et al., 2013). Individual marketing refers to accommodating merchandise and marketing programs, to

11662-428: The needs of different market segments and niches. A good example of this is shown in the real-estate industry whose goal is often to determine what type of house the client is looking for. Micro-marketing includes both local and individual marketing. Often this strategy can be costly, due to the customization and shortage of an economy of scale (Kotler, et al., 2013). Local marketing is "tailoring brands and promotions to

11781-421: The possibility of perpetual rights, provided the trademark is continuously used and renewed. However, if a trademark is no longer in use, its registration may be subject to cancellation. Trademarks can also lose protection through genericide , a process where a trademark becomes so widely used to refer to a category of goods or services that it loses its distinctiveness and legal protection. A well-known example

11900-570: The registration and protection of trademarks across multiple countries. Additionally, the TRIPS Agreement sets minimum standards for trademark protection and enforcement that all member countries must follow. The term trademark can also be spelled trade mark in regions such as the EU, UK, and Australia, and as trade-mark in Canada. Despite the different spellings, all three terms denote

12019-527: The registration of the trademark. A comprehensive clearance search can help avoid costly and time-consuming issues, such as refusal to register, opposition or cancellation proceedings, or a trademark infringement lawsuit. In the United States, the USPTO maintains a publicly accessible database of registered trademarks. This database can be searched using the Trademark Search system, which replaced

12138-425: The relevant national authority. Using the ® symbol for unregistered trademarks is misleading and can be treated as unfair business practice. It may also result in civil or criminal penalties. A brand is a marketing concept that reflects how consumers perceive a product or service. It has a much wider meaning and refers to the proprietary visual, emotional, rational, and cultural image that customers associate with

12257-511: The role that marketing strategies play in building a target audience examined. According to, Galvin (1998), marketing is considered to be as simple as selling or promoting a product or service to a client, customer or consumer who is in need of the distinct product. It is also the process of planning and executing the conception, pricing, promotion, and distribution of ideas, goods, and services to create exchanges that satisfy individual customer and organisations (Galvin, 1998). As well as segmentation,

12376-426: The same article. For example, the particular design of a bottle may qualify for copyright protection as a non-utilitarian [sculpture], or trademark protection based on its shape, or the ' trade dress ' appearance of the bottle as a whole may be protectable. Titles and character names from books or movies may also be protectable as trademarks while the works from which they are drawn may qualify for copyright protection as

12495-405: The same category of goods the trademark is protected under. An example of the second type is that Audi can run advertisements saying that a trade publication has rated an Audi model higher than a BMW model since they are only using "BMW" to identify the competitor. In a related sense, an auto mechanic can truthfully advertise that he services Volkswagens , and a former Playboy Playmate of

12614-547: The same concept. In the United States, the Lanham Act defines a trademark as any word, phrase, symbol, design, or combination of these things used to identify goods or services. Trademarks help consumers recognize a brand in the marketplace and distinguish it from competitors. A service mark , also covered under the Lanham Act, is a type of trademark used to identify services rather than goods. The term trademark

12733-475: The search is unsuccessful, then there remains a problem that the business can solve (Sherlock, 2014). The business must determine what kind of people are facing the problem they identified. This is based on consumer demographic, psychographic, geographic information and behavior (Sherlock, 2014). Demographic information involves statistical aspects of consumers such as gender, ethnicity, income, qualification and marital status (Sharma 2015). Demographic information

12852-469: The segmentations needs and reputation that it acquires. Many businesses using this strategy are now turning to the web to set up their shop, not only because it is cost effective but allows them to become more recognisable (Kotler, et al., 2013). A micro-marketing strategy (local or individual) targets very narrowly compared to an undifferentiated marketing strategy. Generally a business using this strategy will adjust its product, and marketing program to fit

12971-411: The segments of their target market they can generate a marketing message suitable for the intended target audience. Communicating to consumers through tools such as web banners, social media and email, allows direct targeting to the consumer. This serves up a custom message to a consumer who is already engaged and interested in the offering. An example of this is remarketing, which allows advertisers to see

13090-486: The source of goods or services can serve as a trademark. In addition to words, slogans, designs, or combinations of these, trademarks can also include non-traditional marks like sounds, scents, or colors. Under the broad heading of trademarks, there are several specific types commonly encountered, such as trade dress, collective marks, and certification marks: To maintain distinctiveness , trademarks should function as adjectives, not as nouns or verbs, and be paired with

13209-411: The specific product, if few or more consumers have similar characteristics and purchase the product regularly for similar behavioral reasons therefore the target audience may fit within that category. Direct marketing is targeting individual consumers to both obtain an immediate response and cultivate lasting consumer relationships, (Kotler et al., 2014). According to Evans, O'Malley and Patterson, (1995)

13328-488: The stone's origin and the workers responsible. Wine amphorae marked with seals were also found in the tomb of Pharaoh Tutankhamun , who ruled ancient Egypt more than 3,000 years ago. Over 2,000 years ago, Chinese manufacturers sold goods marked with identifying symbols in the Mediterranean region. Trademarks have also been discovered on pottery, porcelain, and swords produced by merchants in ancient Greece and

13447-642: The strategy of market segmentation can allow the marketer to have sufficient knowledge of the consumer's characteristics. Knowledge of consumers' demographic, geographic, psychographic and behavioral variables can enable relevant marketing processes to reach the target audience directly. Geographic segmentation is the marketer's appealing to particular geographic areas such as nations, regions, countries, cities or neighborhoods (Kotler et al., 2014). Particular knowledge of geographic preferences allows businesses and organisations to modify or change their product to allocate to their market, (Kotler et al., 2014). This divides

13566-459: The target market to specifics such as 'men aged 20–30 years old, living in Auckland, New Zealand' rather than 'men aged 20–30 years old'. However, just because a target audience is specialized doesn't mean the message being delivered will not be of interest and received by those outside the intended demographic. Failures of targeting a specific audience are also possible, and occur when information

13685-431: The target market. A successful appeal to a target audience requires a detailed media plan, which involves many factors in order to achieve an effective campaign. The use of media is what differentiates target markets from target audiences. While target markets are marketed to with business strategies, the use of advertising and other media tools is what makes marketing to target audiences a more effective way of appealing to

13804-401: The wants and needs of customers, in order to maximise sales and therefore revenue. A successful marketing campaign connects with consumers on a personal dB level, which will help the business to develop long-term relationships with customers (Sherlock, 2014). Not all consumers are the same. Determining the target audience is key to reaching the loyal and high-profit customers, in order to ensure

13923-406: The whole market with one offer. It is type of marketing (or attempting to sell through persuasion) of a product to a wide audience. The idea is to broadcast a message that will reach the largest number of people possible. Traditionally mass marketing has focused on radio, television and newspapers as the medium used to reach this broad audience. For sales teams, one way to reach out to target markets

14042-445: Was Chef Boyardee, who planned a campaign to appeal to teenage boys, the largest consumers of their product. What they hadn't considered however was that the purchasers of their goods may be different from the consumers, which was the case, as mothers were the leading purchasers, even though the boys were consuming the product. Factors like these are considered at a more in-depth level with a detailed media plan, one that cannot be found in

14161-414: Was intended to appeal to young people between the ages of 2 and 18. The factors they had to consider outside of the standard marketing mix included the nutritional needs of growing children, children's knowledge and attitudes regarding nutrition, and other specialized details. This reduced their target market and provided a specific target audience to focus on. Common factors for target audiences may reduce

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