Beyond Logos: Famous Trade Mark Stories and Why They Matter

Beyond Logos: Famous Trade Mark Stories and Why They Matter

From the Coke bottle to “Just Do It” – how you can make your brands valuable assets

When you think about big brands, you probably see logos, colours and clever taglines, not the quiet legal work happening in the background.

Yet behind most famous brands there is a long process of choosing the right name, shaping the look and feel, and then protecting it so others can’t ride on that hard‑won reputation.

Over more than 30 years working with Australian businesses, we’ve seen how much value a strong trade mark can create – and how expensive it is to fix things when brand protection is left too late.

Why read this article?

This article is for business owners, creatives, marketers and anyone building a brand who wants to see, in plain English, how the law fits into the branding journey. It won’t bombard you with legislation or turn you into a lawyer. Instead, it’s designed to help you understand the stories behind well‑known brands, the risks they faced, and the practical lessons you can apply to your own trade marks.

At Sharon Givoni Consulting, we see the same patterns over and over: great ideas launched without basic checks, logos used for years without registration, and taglines copied because no one realised they could be protected.

By walking through real‑world examples, this article helps you spot those issues early, ask the right questions, and decide when it’s time to get tailored legal advice.

If you’re naming a new product, refreshing a logo, expanding overseas or worried that someone is getting a little too close to your brand, this kind of guidance is a starting point. When you’re ready to go deeper – to clear a new brand, file trade mark applications, or deal with a conflict – that’s where Sharon Givoni Consulting can step in with specific, strategic advice for your business.

The Coca‑Cola bottle: a shape you can recognise in the dark

The Coca‑Cola “contour bottle” is one of the best examples of a non‑traditional trade mark. In the early 1900s Coke wanted packaging that would set it apart from a growing crowd of cola imitators. The brief to the glass manufacturer was simple: design a bottle so distinctive that someone could recognise it in the dark, or shattered on the ground.

They delivered. Over time, Coca‑Cola registered the bottle shape itself as a trade mark in many countries, not just the logo or word. That protection means competitors cannot use confusingly similar bottle shapes for soft drinks. It also shows that, in the right circumstances, the law will protect shapes, packaging and even the “feel” of a product as a trade mark – provided consumers have come to see that shape as a badge of origin, not just decoration.

Tiffany blue: when a colour belongs to a brand

Think of the particular robin’s‑egg blue of a Tiffany & Co. box.

For many people, the colour alone signals luxury jewellery, even before the lid is opened. Tiffany has registered that specific shade as a trade mark for certain packaging, after years of consistent use.

Colour marks are not easy to secure.

A business must show that consumers see the colour, in that context, as pointing to one trader only. For brand owners, the Tiffany story is a reminder that distinctive colour choices can become incredibly valuable – but only if they are used consistently, and if trade mark protection is planned and implemented properly from the start.

As lawyers, when we’re helping a client secure a colour as a trade mark, there are a few key steps we focus on. First, we look at whether the colour is truly distinctive in that industry, or whether it’s commonly used (for example, green for eco products or blue for water). If everyone uses it, it’s much harder to claim it.

Next, we work with the client to gather evidence that consumers recognise that colour as “theirs”.

That usually means: long‑term, consistent use; examples of advertising and packaging; media coverage; and sometimes survey evidence showing that people see that colour, in that context, as pointing to a single brand. We also define the colour precisely (often with a Pantone or similar reference) and carefully describe how and where it’s used – for example, “on boxes and bags for jewellery and luxury goods”, rather than “everywhere for everything”.

We then prepare and file the trade mark application with that evidence and strategy in mind, and handle any pushback from the Trade Marks Office – for example, if they say the colour isn’t distinctive enough. Sometimes that involves written submissions; sometimes it means bolstering the evidence of reputation and acquired distinctiveness.

For brand owners, the Tiffany story is a reminder that distinctive colour choices can.

Minties: “It’s moments like these…”

Closer to home, Minties have been around in Australia for more than a century. Generations grew up with the “It’s moments like these you need Minties” slogan and the cartoon strips on the wrappers. Over time, the combination of the name, the get‑up, the comics and the slogan built a strong brand identity and goodwill.

From a legal perspective, that identity rests on trade marks – the Minties word mark, the look of the packaging, and the slogans used in marketing. They help the brand owner stop direct look‑alikes and “sound‑alike” confectionery from passing themselves off as the real thing. Without that protection, a century of advertising investment could be diluted very quickly.

The Nike “swoosh” and “Just Do It”

The Nike “swoosh” is one of the simplest logos in the world – a curved tick, drawn for a modest fee by a design student in 1971. The “Just Do It” tagline was inspired by a very different, and quite dark, source in US history. Yet together, they have become symbols of athleticism, aspiration and personal drive.

Nike’s strategy has always included strong trade mark protection:

• the swoosh as a device mark used on shoes, clothing, packaging and advertising;
• the words NIKE and “Just Do It” as word marks;
• consistent use that ties the marks to particular values and imagery.

The legal rights don’t create the brand on their own – that comes from product quality and powerful storytelling – but they give Nike the tools to control how others use look‑alike names, logos and slogans globally.

Why trade marks matter for you

Most businesses will never be Coca‑Cola or Nike, but the same principles apply whether you are a startup food brand, a creative studio or a tech company. A trade mark is not just a box to tick – it is often the most valuable asset in the business.

A registered trade mark can:

• Lock in ownership of your name, logo or other distinctive elements for particular goods and services.
• Deter copycats by putting competitors on notice that you are serious about your brand.
• Make enforcement easier, because you do not have to prove reputation from scratch every time.
• Increase business value in the eyes of investors, licensees and buyers, who want to see that key brand assets are properly secured.
• Provide a platform for expansion, letting you license, franchise or extend into new product lines without constantly reinventing yourself.

On the flip side, choosing names that are too descriptive, too similar to others, or used loosely across different entities can make registration harder, weaken enforcement and even force an expensive rebrand down the track.

Navigating the tricky parts: how as experienced trade mark lawyers we can assist you

The law around trade marks is deceptively simple on the surface and deeply technical underneath.

Issues we routinely navigate for clients include:

• whether a proposed name or logo is distinctive enough to register, or too descriptive or generic;
• clearing new brands to avoid conflict with earlier trade marks or unregistered rights;
• choosing the right classes and wording of goods and services, so protection covers what you actually do now and plan to do later;
• dealing with similar names in related industries – is the risk low, manageable, or a dispute waiting to happen?
• protecting non‑traditional marks such as shapes, packaging, colours, sounds or taglines;
• managing portfolios across multiple countries and working with local counsel overseas;
• responding to objections, oppositions and co‑existence offers in a way that protects your long‑term strategy, not just the immediate filing.

With over 30 years’ experience in trade marks and brand protection, we’ve helped everyone from solo creatives and food producers to large corporates build, protect and enforce their brands. We understand that each client’s risk tolerance, budget and growth plans are different, so the advice has to be tailored – not one‑size‑fits‑all.

If you are developing a new brand, expanding an existing one, or facing a conflict with another trader, getting strategic advice early can save significant cost and heartache later.

Strong brands are built over many years; it is worth making sure the legal foundations are just as strong as the creative ones.

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Please note the above article is general in nature and does not constitute legal advice.

Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.