The virtual round table covered the practical and social impacts on brands, and asked if the function of brands is changing.

The speakers started by discussing the effect that COVID-19 has had on the trade mark landscape, the types of marks being applied for and trends in offices and courts, comparing developments in the EU and US. For example, there have been more than 500 trade mark applications incorporating terms such as CORONA and COVID in the US, and more than 700 in Europe. Should such applications be refused on moral grounds, or are there legitimate reasons to use them for certain products?

They also discussed how some brands have diversified into new product lines, and had to adopt new strategies to deal with counterfeits and price gouging, such as 3M filing trade mark infringement actions against unauthorised sellers of its masks. Several speakers emphasised how there are new expectations that brands show more care and concern for consumers, employees and other stakeholders, and asked: does this change how people understand the function of brands?

Turning to Black Lives Matter, the speakers discussed the stance taken by certain brands and the risks of taking a political position. For example, NASCAR banned the Confederate flag which was welcomed by many but also led to a backlash from some fans. Many brands have earned support for taking a stand in advertising and sponsorship or for retiring certain brands such as Aunt Jemima and Uncle Ben. Overall, it is important to be authentic and to back up words with actions.

Wrapping up, the panel agreed that brands are having to work harder to engage with consumers who are becoming more active, who are sensitive to issues such as sustainability, diversity and inclusion. This means they need to think more carefully about taking a stand - and then backing it up.

The speakers were:

• Mark Devaney - Clyde & Co LLP (Chair of the MARQUES Intellectual Asset Management Team)
• Marlou van de Braak - Heineken International B.V. (Member of the MARQUES Famous & Well-Known Marks Team)
• Catherine Farrelly, Frankfurt Kurnit Klein & Selz (Member of the MARQUES Brands and Marketing Team)
• Lydia Gobena, Fross Zelnick Lehrman & Zissu, PC (Chair of the MARQUES Famous & Well-Known Marks Team)
• Robert Guthrie, Osborne Clarke (Chair of the MARQUES European Trade Mark Law and Practice Team)
• Alexander Fink, Kekst CNC

You can listen again to the virtual round table on the MARQUES website (free to members; €50 for non-members).

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