According to S. 2 (1) (m) of the Trademarks Act, 1999 a mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colors or any combination thereof. The word brand has not been defined in any law. The Trademarks Act, 1999 includes brand under the ambit of a mark but understanding the term brand is complex. A brand is typically perceived through its name, logo, slogan, image, colors, symbols etc. Brands have the potential to create a loyal consumer base and are usually attributed through the four P’s namely: –
1. Product
2. Price
3. Place
4. Promotion.
These four factors usually determine the success of brands. I would like to add a fifth P which is one of the major factors apart from these in determining the success of brands and that is –‘Psychology of consumers.’ Understanding the psychology of consumers is the backbone for any brand as this would lead to decipher the needs and wants of the consumers which ultimately contribute towards brand loyalty and integrity.
Brand has no longer been just a mark for the consumers instead the consumers have developed a relationship with the brand which is long-lasting due to the trust and loyalty that the consumers show towards a particular brand.
The brand ZARA revolves around the theme of black. A colorful ZARA store is beyond imagination because the ambience has created a distinguishing relation between consumers and the ambience when they are within the stores. The teal green and white ambience is a peaceful theme within the stores of Himalaya. Even by seeing the color combinations without the actual logo of Himalaya one would be able to immediately connect to the brand. These stores are designed with themes which create a connection with the consumers. So also with Dove which has a very peaceful ambience of white and the store having the image of Dove representing the peaceful ambience is more than enough to draw nexus between the trade ambience and the brand.
Surely one can say that secondary meaning of the brand has been created in the minds of the consumers. Thus, a customer may not require any product in such stores or a logo to be placed at the entrance of the store but the ambience in the stores of such brands are more than sufficient to equate it to the brand. This role played by the ambience is another form of non-conventional outlook towards the Trademark law which needs to be explored for better protection of brands.
