Rebranding?
Have you ever tried ‘Brad’s Drink’ cola, worn a pair of Blue Ribbon Sports shoes, or used the Internet search engine ‘Backrub’? The chances are that you probably have since these were the original names for Pepsi, Nike and Google, respectively.
I’m sure you will agree that the names used today are an improvement on the original names, or are they just what we are used to? After all, as William Shakespeare wrote, “What’s in a name? That which we call a rose by any other name would smell as sweet”.
So, what leads a company to rebrand?
To escape a negative perception or reputation
This is probably the most obvious reason for a rebrand. If you are of a certain generation you may remember the infamous blunder by Gerald Ratner in 1991. When answering a question concerning how Ratner’s jewellers could sell their products so cheaply he responded with “because it’s total crap”. It made headlines and, unsurprisingly, the reputation of Ratners jewellers took a decided nosedive, with the value of the company reportedly dropping by £500 million. A swift rebrand to Signet Jewellers followed by another re-brand to H. Samuel, still on our high streets today, saved the company, but still over 300 stores across the UK were closed.
The story of the rebranding of the humble pilchard is one that I, as a Cornish woman, find inspiring. Having gained a reputation as unpalatable and unpleasant, possibly resulting from the tins of preserved pilchards which were once so prevalent, there had been a drastic decline in the market for this fish and, consequently, a devastating reduction in sales. In 1997 they were re-named ‘Cornish Sardines’, and suddenly, this oft-maligned fish had a brand-new popularity, with Cornish landings rising from around 7 tons annually in the 1990s to around 7,000 tons in 2018. What a difference a new name and marketing campaign made to the little old pilchard and the fishing industry in Cornwall.
As the result of receiving a cease-and-desist
Unfortunately, businesses often need to change their names because they adopt a trademark that is too similar to another undertaking’s trade mark. This leads to the receipt of a cease-and-desist letter, which often results in the alleged offending party rebranding.
While this can cause inconvenience, particularly if you have to replace signage, advertisements, change the company name, etc., it can, if handled correctly, create an opportunity for publicity and increased revenue.
This was the case of a Belfast-based Pizza restaurant chain that changed its name from Pizza Guyz to Pizza Crew. The publicity generated by their change of name brought in new customers who, liking what they had to offer, came back time and again, leading to an increase in revenue. A case of when life throws you tomatoes, make pizza.
To move with the times
Another reason for a rebrand is to modernise a trade mark that has become outdated or may reflect past values that are no longer valued in society or may even have become offensive.
For example, in 2001, the golly dropped from Robertson’s marmalade after 91 years. After mounting pressure, Mars Inc. rebranded Uncle Ben’s Rice to simply Ben’s Rice as the title ‘Uncle’ was thought to allude to slavery.
In the US, the baseball team the Washington Redskins, so named in the 1930s, changed their name to Washington Commanders as the term ‘redskins’ was noted as being an insulting term for an American Indian.
Breath new life into a tired brand
The Ronseal advert with the catch phrase “it does exactly what it says on the tin” has become the method many companies use to choose a name for their new product or company. They want to immediately let consumers know what the goods or services are and use descriptors as the signs to identify their goods or services. Unfortunately, in the Internet age, using descriptive names that state “what is in the tin” doesn’t help them stand out. Consumers are attracted to products with more imaginative, unique names.
In 2023, Simply Business surveyed a small sample of around 2000 adults in the UK, and 64% said they were more likely to notice a company with a witty or funny name.
It should also be considered that a descriptive name cannot be registered (protected) without acquired distinctiveness and can be challenging to enforce. A unique name is more protectable and more enforceable.
I have noticed in recent years that legal and accountancy firms, which used to be named after the partners of the firm predominantly, are increasingly using catchy names or simply the initials of the names to reflect a more up-to-date, sharper image.
Reflect a new direction
I don’t know about you, but I am still calling the X social media platform ‘Twitter’, despite the rebrand occurring more than 18 months ago. (Since I would probably be classified as a late adopter that’s probably not that surprising and I’m sure I’ll get used to it eventually.) The re-brand was seemingly prompted by Elon Musk’s vision for an “everything app” and the trade mark Twitter did not reflect this. Hence the new direction led to the adoption of a less specific name under which numerous services could be offered.
Likewise, the Jaguar car was rebranded in the latter months of 2024 to reflect a new direction for Jaguar as they repositioned themselves in the marketplace. While the name JAGUAR was kept, the classic traditional logo was replaced with a striated leaping cat in a circle with the word JaGUar in muddled cases. The new modern logo received almost overwhelming negative publicity. With several pundits prophesying the death of the brand, only time will tell whether this controversial rebrand is a success.
Mergers or acquisitions
When companies merge there may be no change at all, as was the case when Proctor & Gamble acquired Gilette. The brand equity was such that, concerning its branding at least, Gilette continued as it was. However, when the food giants Kraft and Heinz merged, since both names had significant reputation and brand equity they simply merged the names and became the Heinz Kraft Company with products retaining their individual brands.
In other cases, such as when Delta Airlines took over Northwest, and Northwest rebranded under Delta, the company with the least brand equity may rebrand to the name of the acquiring entity.
Commercial considerations
I grew up in the era of Opal Fruits, Marathons, and Oil of Ulay. These products were known by other names in different territories, and ultimately, the names were changed to create a more global identity. So now we have Starbursts, Snickers and Olay, making administration, marketing, etc., more streamlined, uniform, and, therefore, more cost-effective.
Although I understand the Marathon briefly returned to the UK in Morrisons’ stores in December 2024 as a ‘Marathon retro edition’. I wonder if the bar’s size also reverted back to the size of those in the eighties.
In 2008 the licence to use the name Campbell’s expired in the UK and Ireland and was not renewed. This necessitated a rebrand. In the UK Campbell’s soup became Batchelors’ soup and in Ireland became Erin soup. Since there was a non-compete clause the owner of the Campbell’s trade mark was not able to sell in the UK or Ireland for a set period of time however but in July 2011 Symingtons began manufacturing the soup under the Campbell’s trade mark and distinctive packaging under a new license.
So when considering a re-brand what steps should you take to ensure your new identifiers. i.e. your trade marks are protected: –
Pre-adoption checks – Before adopting any new identifiers of your brand, i.e. a trade mark have a clearance search conducted. Our previous article entitled “Top reasons to conduct a Trade Mark Clearance Search’ will explain why a clearance search is so important when adopting new identifiers for your brand.
Protect your trade mark through registration in those territories in which you trade or plan to trade.
Promote-Make a big splash – make all the preparations to publicise your new brand identifiers and then start communicating to all your stakeholders and the general public about the change.
Are you considering rebranding by changing the signs which identify your brand? Are you looking to create a new brand? MacLachlan & Donaldson and Ansons’ trade mark attorneys have cleared thousands of trade marks for use and registration and assisted in obtaining protection both locally and throughout the world. Why not let us assist you? Contact us today for a free, no-obligation in-person or virtual consultation.
Cherrie Stewart, Director and Chartered Trade Mark Attorney