The Blues Brothers (1980) is one of my favourite films of all time. It is a truly epic movie – action, comedy, the longest car chase of its time, Aretha Franklin, Ray Charles, James Brown, Cab Calloway, Princess Leia, and, of course, Dan Ackroyd and John Belushi.
So what can The Blues Brothers teach you about trade marks and branding? Find out after the jump …
Be memorable
Mrs Murphy: They look like they’re from the CIA, or somethin’.
Matt ‘Guitar’ Murphy: What they want to eat?
Mrs Murphy: The tall one wants white toast, dry, with nothin’ on it.
Guitar Murphy: Elwood.
Mrs Murphy: And the short one wants four whole fried chickens, and a Coke.
Guitar Murphy: And Jake! Shit, the Blues Brothers!
What makes a trade mark as memorable as four whole fried chickens?
Originality, uniqueness and difference is a good start. A trade mark that has those characteristics stands a better chance of being memorable. Unique marks also have the benefit of being legally strong.
Good trade marks are often short and easy to say. When we think, we internalise speech. A short word that is easy to pronounce is more likely to be remembered. It’s also important to consider how a mark might be used – radio and TV commercials work a lot better with short and snappy brand names.
Be consistent
… it’s dark and we’re wearing sunglasses. Hit it.
For the duration of the original 133 minute film, Elwood is never seen without his sunglasses on. Jake only takes his sunglasses off once (when pleading with Mystery Woman).
Consistency is key when it comes to using your trade marks. You should use and display your trade marks in the form that they are registered. If you need to make modifications or embellishments to your mark, file a new application that includes those modifications or embellishments.
If you’ve made changes to your mark, don’t assume you can automatically rely on an existing registration to protect and enforce your altered mark. Your existing registration could also run the risk of being removed from the register for non-use.
Watch out for impersonators and infringers
Jake: My name is Jacob Stein. I’m from the American Federation of Music. I’ve been sent to see if you gentlemen are carrying your permits.
Tucker McElroy: Our what?
Jake: Your union cards. May I see your cards please?
The lines above are spoken as the Blues Brothers try to make a getaway, having impersonated Tucker McElroy’s band, The Good Ole Boys, to sneak a gig at Bob’s Country Bunker.
People often think trade mark registration is the end of the process. It’s not. Registration does give you exclusive rights but those rights need to be actively protected and, if necessary, enforced.
Once your trade mark is registered, you need to implement a “watch service” to keep an eye on new trade mark applications. Any that conflict with your mark should be opposed. You should also monitor the market and competitors’ activities and act promptly if you discover infringement.
Keep an eye on important dates
Cook County Assessor’s Office Clerk: Can I help you?
Jake, Elwood: [backing him up and lifting him onto the counter]
Jake: This is where they pay the taxes, right?
Clerk: Right.
Elwood: This money is for the year’s assessment of Saint Helena the Blessed Shroud Orphanage in Calumet City, Illinois.
Jake: 5,000 bucks, it’s all there pal…
At the climax of the film, Jake and Elwood manage to outrun State Troopers, the Good Ole Boys, Illinois Nazis, SWAT teams, the Fire Department and the National Guard to get to the Cook County Assessor’s Office and save the orphanage, just in the nick of time.
There are lots of dates to keep track of when you’re applying for trade marks – especially if your application is refused or opposed. If you handle your own trade mark matters, get a robust calendaring system. If you have attorneys, make sure you ask for regular updates.
Failing to meet deadlines usually means having to pay additional costs and can, at the very worst, jeopardise your application or registration.
Finally …
If you think I’ve been stretching the analogies pretty far there is a line in the film that specifically relates to intellectual property and marketing. So, it’s an appropriate line to end on:
Maury Sline: A gig like that, you gotta prepare the proper exploitation.
Elwood: I know all about that stuff. I have been exploited all my life.
Now you know – go on, shake your tail feather.
Tags: non-use, The Blues Brothers, trade mark use, watch service
