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14 May 2014Trademarks

INTA 2014: National and regional habits critical for Asian trademark decisions

Local cultures and habits are extremely important for companies selling alcoholic drinks and making trademark decisions in Asia, a succession of speakers warned delegates on the last day of the INTA annual meeting in Hong Kong today, May 14.

“Factors that affect us and not others include climate, the availability of refrigeration, religion and societal or demographic factors,” said David Gooder, chief trademark counsel at Jack Daniel's.

Among those demographic factors, he noted the importance of multiple languages, differences between male and female drinking habits, palate, the dominant type of alcoholic drink, whether buying was by the bottle or the glass, and the legal drinking age.

Assessing the local drinking culture is also important, said Gooder, highlighting factors such as the split between local products and imported drinks, any restrictions on the advertising of alcoholic drinks and the balance between “on” and “off” trade: the industry's distinction between drinks sold by retailers and those sold on licensed premises such as clubs.

Climate is a particularly important influence on the sale of alcoholic drinks in the Association of Southeast Asian Nations (ASEAN), said Fabrice Mattei, country manager for Thailand and Myanmar at Rouse & Co.

He noted that Thailand is the number one ASEAN nation for alcohol consumption, while the leading “beer nations” were Vietnam, Thailand and the Philippines. “Can you say my strategy for south-east Asia is one thing? No. It has to be different in each country,” he said. “Even countries with strong religious beliefs may be willing to protect trademarks,” he added, giving Malaysia as one example.

Even within countries there are differences, added Revanta Mathur, a partner at Anand & Anand in Delhi. There are separate laws covering alcohol in each Indian state, he said, while drinking habits are affected by socio-economic factors, geographical factors and religious factors, among others.

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