Incontestable
Finnegan's monthly review of essential decisions, key developments, evolving trends in trademark law, and more.
October 2009 Issue

Unregistrable


YOU ® WHAT YOU EAT?

Not long ago, I sat down with the morning paper in hand (enjoying the feel of newsprint while I still can) and a bowl of heart-healthy, cholesterol-busting CHEERIOS® brand toasted oat cereal, when something I read caused me to execute a nearly flawless and spontaneous spit-take (the classic comedic technique in which a performer deliberately spits out his or her beverage in reaction to shocking news delivered by another performer).  Fortunately, the rest of the family had left for work and school, so only our redoubtable schnoodle was on the receiving end of the fine mist of nonfat milk and pulverized whole-grain goodness.  (This canine “amuse bouche” suited our high-priced designer mutt just fine and proved a perfect accompaniment to her breakfast Snausages® brand dog treat.)

What had caused me to literally lose a mouthful of breakfast was a report that Kellogg’s of Battle Creek, Michigan, is planning one of the most audacious branding campaigns of all time.  According to reliable sources, Kellogg’s will use laser technology to imprint its Kellogg’s® logo on individual flakes of corn, like so:
Kellogg's Corn Flakes laser-etched logo
Now, according to the company’s old slogan, if you see Kellogg’s on the box, then you know it’s Kellogg’s in the box.  Why then go through all the fuss of harnessing this groundbreaking laser technology to burn the logo on individual flakes like a rancher burns her brand on cattle?
According to sources, the company’s iconic  kelloggs-logo logo on the carton is not enough to stave off the perception that it is the source for golden flakes boxed in generic store brands.  As one report puts it: if the public perceives that Kellogg’s made “fake flakes” for competitors, it would take a serious bite out of the Corn Flakes brand and make it indistinguishable from private label producers.  “Brand Channel,” October 15, 2009.  Others speculate that blasting the logo onto individual flakes may appeal to brand-conscious consumers who have proved their appetite for premium-priced products adorned with logos as their main design element.  Fashion mavens smarting from the economic downturn who for now can’t afford to indulge in Gucci® or Louis Vuitton® may satisfy their hunger for cache and quality by dishing it out in a bowl with fresh milk, preferably organic.  In the present economy, apparently, status is a dish best served cold.

Kellogg’s, of course, is not the first food producer to make a logo part of a product’s allure.  Perhaps the most famous examples come from the candy wars, where twin titans Hershey and Mars have for decades maintained a rivalry surpassed in intensity and secrecy only by the U.S. and Russia’s arms race during the Cold War.  With Hershey stamping its brand name on every segment of its flagship Hershey® bars, Mars was not to be outdone.  Founder Forrest Mars, a relentless competitor, devised a technique to imprint the letter “m” on each and every M&M® candy, plain and peanut.  How is it possible to stamp each colorful chocolate pellet without breaking the delicate candy shell?  It’s not done by moonlighting Keebler® Elves, Oompa Loompas, or other assorted fairy folk.  According to Yahoo!®, the process is similar to off-set printing.  Each piece rests in its own indentation and a special conveyor belt carries the pieces to a machine where each piece runs under rubber etch rollers that gently touch each candy to print the “m.”  Doing so is a stroke of sheer branding genius.  By going extra step to put the “m” logo on each piece of candy, Mars ensures that after the candies have left the bag, consumers can always recognize the genuine article from an imposter.  And by seeing to it that not just the chocolate, but the brand, melts in your mouth, Mars has cornered the candy-coated chocolate-pellet market.  Perhaps that sort of category dominance is Kellogg’s goal with its high-tech laser experiment.  Or maybe the cereal giant is just seeking to reinvigorate or refresh a venerable but simple product that may have lost its luster amidst the onslaught of jazzier offerings bursting from the shelves of the cereal aisle.  But whatever Kellogg’s motives and objectives in filling our bowls with its name, one thing is certain.  When print newspapers go the way of the dinosaurs, we’ll still have something to read in the morning.