How Not to Create a Fluid Trademark

What happens when a well-known trademark owner makes fun of itself? Sometimes, the result is consumer confusion. Burger King has taken the concept of “fluid trademarks” to extremes. In a new campaign, Burger King has focused completely on its french fries, pretending to change its corporate identity to “Fries King.” In so doing, it has confused its followers, proving that fluid trademarks can be risky business.

A fluid trademark is one that changes dynamically and intentionally. While brandowners typically think of their trademarks as an unchanging signature or source identifier, in recent years, some brands have experimented with trademarks that alter in appearance, while using some recognizable constant. By refreshing their trademarks constantly, the brands engage consumers with their creativity and energy.

The most famous examples of fluid trademarks are Google and Absolut vodka. Google updates its artwork almost daily, and yet, consumers always see a “Google” essence as the name bears artistic ornamentation. Absolut adopted an ongoing ad campaign in which artists and designers played with its trade dress. The Absolut bottle has taken many forms, from snow fried egg on a sidewalk to a snow sculpture, and yet, consumers recognize that they are seeing an Absolut bottle.

Sometimes, brands that are not yet iconic develop their trademarks as fluid from the start. (Click here for my discussion of the Glee brand and its fluid trademarks.) In other cases, venerable brands use fluid trademark tactics to reenergize a brand whose marketing may appear stale. Luis Vuitton started playing with its classic LV monogram, creating toile presentations that mimic the original design with other images. In the process Luis Vuitton started to appear to a younger generation. Saks Fifth Avenue has taken its static script logo and shuffled it into a puzzle like construction that takes numerous forms on its packaging.

In all these case, the fluid trademarks have furthered the brand’s identity. They appeal to consumers who are accustomed to multitasking, while furthering the brand’s core message.  Demonstrating flexibility of thought and creativity, these fluid trademarks have become modern day signatures for brands that welcome change and engagement with their customers.

In the recent Burger King experiment with fluid trademarks, the chain announced on its Facebook page that it was now calling itself “Fries King.” The new logo looked remarkably similar to the famous “Burger King” logo, and the announcement came on the heels of Burger King pushing its new French Fry Burger and Satisfries products. Consumers, however, were confused rather than delighted with the announcement. They  didn’t understand that this was a joke word a minimum of parity perpetrated by the chain.

So what went wrong? Burger King violated one of the key best practices of fluid trademarks. The brand’s campaign actually seem to reject the underlying famous trademark rather than having fun with it.  The lesson  for brands considering fluid trademarks as a strategy is that they need to consider the legal, marketing, and public relations ramifications of this unique and powerful trademark tool.