Ever seen a chameleon without changing its basic nature and form- camouflaging with its environment? Blending with their surroundings, harder to be caught up by the enemy. In today’s digital economy, brand owners are rapidly pushing themselves by evolving with business standards as well as business needs. Without changing its basic variations and the originality of the underlying mark, Fluidmarks which change over time are associated with a particular event without changing their basic characteristics. This is a new approach to branding wherein the conventional principles of general trademark law are contradicted by altering the ‘static’ and ‘unchanging’ words into new design elements, picture representations and forms that are attention grabbing. In simpler words, fluidmarks are frequently changing variations of the original trademark.
What are Fluid marks?
Fluidmarks are neither termed nor used in the conventional law of trademarks. Due, to their ever emerging and evolving digital characteristic, they are used to commemorate a particular event which is of temporary nature.
Fluid marks minding their business amid covid-19:
The best examples to cite would be that of the logo of McDonalds made a gap between their iconic M logo to promote social distancing, while assuring safety and quality standards or Subway was seen wearing a mask gaining its audience confidence and trust. Also, Audi created a deliberately created a gap within its four wheels which intersected otherwise.
Advantages of Fluid marks:
- Excellent marketing strategy to meet the growing demands along with the environment.
- Appealing to the eyes of the audience.
- Everchanging and ever evolving.
Disadvantages of Fluidmarks:
- Likelihood of confusion in the consumer minds.
- Dilution of the underlying mark.
Fluidmarks being living and dynamic marks are excellent marketing tools in today’s digital economy. Only the brands having well established trademarks would be suggested to use the said marks. Fluidmarks have the potential to create commercial footprints in the minds of the general public.
Adv. PRANITA MAKASARE
Bsc.(HONS) Agri, LLB, LLM
Adv Bageshri Jarandikar
Explained in very simple language so that it can be understood by even layman .Examples given are very familiar n thus subject is understood in one reading. Nice and very useful article.
Chandrachud D. Gongle, District Judge(R), Register MahREAT, Mumbai
Your article is highly appreciable when in the present day specialization is required. You properly studied the subject and written appropriately in legal terminology.
Keep it up, Wish you all the best !
Very well explained, easy to understand & insightful 👍