How Companies Use Trademarks to Influence Consumers & What They Buy

This past summer brought with it an influx of almost-all-things pink thanks to a Barbie-branded takeover. The effort by Mattel and its many collaborators and licensees – which coincided with the release of the Barbie film – provided a framework for how companies can utilize trademarks (and other branding) to captivate consumers on a global scale. Practically speaking, this saw pink hues splashed across everything from billboards and the Google search page to roller blades, pool floats, and even Burger King hamburgers in some markets. Amid the onslaught of pink, Mattel filed a U.S. trademark application for registration in July 2023, angling to register BARBIE PINK for use on clothing. 

(The U.S. Patent and Trademark Office responded to Mattel’s application to register BARBIE PINK with an Office action on March 27, 2024, stating that Mattel “must disclaim the wording ‘PINK’ because it is merely descriptive of a characteristic or feature of [its] goods,” noting that Mattel’s “goods are clothing, [and] when the mark is applied to the goods, the consumer would be immediately informed that the goods are PINK in color or feature the color PINK.” As a result, “the term describes a feature or characteristic of [Mattel’s] goods,” and must be disclaimed.)

Mattel is far from the only company presenting a non-verbal indicator of source – like a color – in words and looking to amass rights in (and registrations for) that word mark. In fact, BARBIE PINK falls in line with a more-recently-filed application by the Philadelphia Eagles to register KELLY GREEN, Tiffany & Co.’s registrations for the TIFFANY BLUE and BLUE BOX word marks, and adidas’ registration for THE BRAND WITH THE THREE STRIPES. There are also Skechers’ registrations for IT’S THE S – a reference to its “S” logo. In a nod to its grooved suitcase design, LVMH-owned luggage brand Rimowa maintains registrations for THE ORIGINAL LUGGAGE WITH THE GROOVES and THE LUGGAGE WITH THE GROOVES. And still yet, do not overlook Vans’ registration for THE ORIGINAL CHECKERBOARD CO. ESTABLISHED SINCE SIXTY-SIX for use on apparel and footwear. 

What Mattel and co. are doing here is noteworthy. Aside from merely adding more trademark registrations to their arsenals, companies’ efforts to put their valuable non-word marks into words enables them to reinforce the underlying marks at play – i.e., Mattel’s pink hue, the Eagles’ signature green, adidas’ 3-stripe motif, Ramona’s grooved suitcases, Tiffany’s robin’s egg blue product packaging, etc. – in furtherance of a larger brand-building aim. 

Trademarks as Stimuli 

Trademarks are traditionally defined as words or symbols used in commerce to indicate the source of goods and services. However, what we really mean when we say that trademarks are “indicators of source” is that they are “conditioned stimuli,” trademark attorney Ed Timberlake tells TFL. At its core, a trademark is a stimulus (initially, a neutral one) that has been conditioned so that consumers come to associate it with certain goods/services. The connection between a neutral stimulus (the trademark) and unconditioned stimulus (the goods/services) “has to be forged through repetition” in order for the mark to act as a mark, according to Timberlake. Then, once the stimulus has become conditioned, that “conditioned” state needs to be maintained through reinforcement. 

One way to reinforce a trademark is to consistently show it to consumers. So, for Owens Corning, for instance, the company can reinforce the color pink as indicating a single source of insulation by repeatedly putting pink insulation in front of consumers, Timberlake says, referring to the Ohio-based manufacturer’s rights in Pantone 210 for use on fiberglass insulation. Another way would be for the company to repeatedly to use the word “pink” in connection with its pink insulation products.  This is where word marks come in. 

Using Vans as an example, if the Southern California-based skatewear brand has spent significant time and resources to condition its checkerboard pattern as a stimulus in the context of shoes (which it has), it makes sense for the company to reinforce that connection by calling itself the “Checkerboard Company.” In furtherance of the effort, Vans sells apparel and footwear emblazoned with THE ORIGINAL CHECKERBOARD CO. mark on it. The goal: to get consumers to link the company’s trademark – whether it be a brand name, logo, or signature color – with the goods/services it offers. 

The Emotional Element

In addition to the conditioning that goes into getting consumers to associate a certain brand with certain goods/services, conditioning and reinforcement also enable companies to develop consumer preference by getting them to associate certain qualities with a brand. This is especially important for companies in saturated markets, such as fashion, luxury, sportswear, etc., “where the products are mature, and they often exhibit only minor differences in quality,” per marketing and consumer research professor Werner Kroeber-Riel. “The possibilities for objective differentiation of the products are slim in these markets,” and actually, consumers tend to show “little interest in the differences of quality of mature goods.” 

In such a scenario, consumers’ preference for a brand is largely driven by the qualities they associate with a company and their emotional experiences with that company (and its branding), making it so that brand signals that carry emotional value contribute to a competitive advantage.

Much like in the case of conditioning a trademark to represent the source of certain goods/services, which brings value to the trademark holder, conditioning is useful here, as well, as if an otherwise “neutral” brand name is repeatedly presented together with an emotional stimulus, the brand name will assume an emotional meaning. “In this way, the brand name [has] the ability to release emotional reactions in the consumer,” per Kroeber-Riel, which ultimately helps drive sales and ideally, brand loyalty. 

With emotions standing to play no small role in consumers’ attitudes towards a brand and its offerings, as a result, it should come as little surprise that companies are not only looking to condition their marks to act as marks but to also actively embody the values that they want the brand to exude. In the upper echelon of the luxury goods market, for example, that has traditionally included characteristics like craftsmanship, exclusivity, status, and heritage, among others. (Vincent Bastien’s “luxury strategy”and the corresponding anti-rules of marketing come to mind here.)

So, next time you are shopping for a product in one of the heavily-saturated markets (i.e., the next time you are shopping for a handbag or pair of casual footwear), consider what companies’ well-known names, logos, etc. are indicating to you – aside, of course, from just the source.