Tales of a market (milk)shake-up
What happens when consumers and the law have different understandings of what makes a brand? Bob’s Ovomaltine milkshake provides a useful case study on the interplay between branding and customer perception
Often trademarks do not have the same function and meaning for consumers as they do under trademark law. The law defines a ‘brand’ as a sign which identifies products or services. However, from the consumer’s perspective, brands can be associated indelibly with the product or service itself – which is what appears to have happened with the Ovomaltine milkshake sold by Bob’s fast-food chain (the third-largest fast-food chain in Brazil and one of the largest in Latin America).
Want to read more?
Register to access two of our subscriber only articles per month
Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts
What our customers are saying
World Trademark Review, and particularly the WTR 1000, are always very useful sources for obtaining impressions and detailed information about foreign colleagues, law firms and jurisdictions. Our whole trademark team benefits from articles published in World Trademark Review.
Christian R Thomas
Attorney at law, legal and trademark department
KUHNEN & WACKER Intellectual Property Law Firm
Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.