Development of the Dr.
Martens Brand Through Trade Mark Protection
Branding of a product is important for both buyers
and sellers. For buyers, branding reduces the
random nature of product selection. It helps them to
identify more easily products that may satisfy their
needs and enables them to reduce time spent on
evaluating alternatives. A brand also represents
certain qualities and characteristics which they may
use to develop a clearer picture of what the product
offers.
Sellers also benefit from brands, particularly if
they can develop the brand loyalty of the buyer,
which leads to repeat purchases. New products
which carry a familiar brand are more likely to be
successful because consumers are aware already of
that brand name. Branding also simplifies the
process of promotion. The repeated exposure to the
market of the brand name may help develop other
products.
Brands are valued for reasons other than the profit
they bring their owners. They are a property with
legal protection and a value in the market. By
valuing brands, a company's balance sheet is
strengthened, its share price may rise
and its vulnerability to
p re d a t o r s
decreased.
Product branding
Consumers identify products in a
variety of different ways. A brand
image comprises a range of features
which identify the products of a
particular organisation e.g. a name,
sign, term, symbol or other creative
elements. A trade mark provides legal
protection of the brand for its owner,
covering design, brand name and
abbreviations. This protection can be
extended to cover colours and shapes.
Branding provides unique selling
propositions (USP) which help to
differentiate the product from its
competitors and, therefore, make it an
essential item for retailers to stock.
The creation of a brand image, which
matches customer needs more closely
than competitor products, is a function
of product positioning. When
consumers make purchases, they
attempt to match brand image with self-
image. The brand, the retail outlet from
which it is purchased and its promotion
will all have a symbolic value for the
customer.
How will the benefits of a brand and its
protection by a Trade Mark work in
practice?
Dr. Martens
The Dr. Martens Air Cushion sole was
developed in post-war Munich for
orthopaedic shoes by Dr. Klaus
Maertens. With his partner Dr. Herbert
Funck, they patented the soles which
were the top sellers in the comfort-shoe
market in Germany within two years
and by 1959, were being
exported throughout Europe.
The Griggs family
became involved in
1960 when the
partners wanted
to license a
company to
produce the
soles for
the British
market.
Griggs, which was founded at the turn
of the century, was already a
manufacturer of army and work-wear
boots with a comfort theme. It began
to make footwear with the Doc
Martens sole, which it branded
AirWair and the group's success in
selling the shoes led the partners to
license Griggs to make the sole for the
rest of the world.
In the late 1960s no fashionable
teenager was properly dressed without
a pair of 8 eyelet “Doc Martens Cherry
Reds”, but the boots were also being
bought in their thousands by workmen
and women, sold on their sheer
practicability. The combination of
durability, comfort and style has seen
Dr. Martens footwear gain acceptance
by all types of people - from bankers to
policemen, rock-stars to nurses.
According to a German magazine,
Dr. Martens is amongst the 30 best
known brands in the world. Despite the
fashionable nature of the company’s
products, about 30% of all Dr. Martens
sold in the UK are sold as workwear.
Protecting the brand
In the UK the definition of a Trade
Mark is: “any sign capable of being
represented graphically, which is
capable of distinguishing goods and
services of one undertaking from those
of other undertakings. A Trade Mark
may, in particular, consist of words
(including personal names), designs,
letters, numerals or the shape of goods
or their packaging” (Trade Mark Act
1994). This means that the name:
Dr. Martens, Doc’s, DM’s, Doc
Martens, Dr. Martens Air Cushion
Soles etc., as well as AirWair, AirWair
with bouncing soles (and device), are
protectable as Trade Marks.
Additionally, the overall configuration
of the product, and the Trade Dress,
may be protected through Three
Dimensional Trade Mark and Design
protection. New advertising slogans History of the brand The branding of the footwear was
may also be regarded as Trade Marks - vital in establishing consumer
e.g. “Made Like No Other Shoe on through Trade Mark recognition of the Company’s
Earth” and protected as such. products and the name of AirWair
development and to indicate that the name could
Further protection can be gained for be associated with a reputation for
the following... HISTORY OF THE AIRWAIR - WITH hard wearing, good quality, value for
BOUNCING SOLES TRADE MARK money footwear. Over the years, the
Packaging and advertising The primary purpose of Trade Marks increasing importance and value of
1
literature are copyright works. is to identify the proprietor to the the AirWair marks as assets of the
consumer and to provide the consumer Company necessitated that Trade
New design and development with an indicator that the company’s Mark protection for both the word
2
in manufacturing processes reputation for providing good quality and logo forms be sought. Initially,
may be protected through Patent goods, can be associated with the protection was applied for in the UK,
Applications as Inventions. product. but as export markets developed, so
did the importance of protecting the
When choosing a word Trade Mark, a AirWair marks internationally for
number of pointers have to be Griggs’ exclusive use.
considered. The mark should be easy
to remember and pronounce and Now that the Community Trade
able to be presented in a graphic Mark Office has opened in Alicante,
form i.e. a logo, phrase or it is possible to apply for a
slogan. Community Trade Mark which
offers protection through the
The distinctive Trade Mark - European Union. In addition, the
AirWair (script device), AirWair Madrid Protocol provides a means
with Bouncing Soles (ball device) was for a single international application
developed by Bill Griggs, the former to lead to multiple national
New elements appearing on the Chairman of R Griggs & Co. Ltd. The registrations and the Paris
3
footwear e.g. New Sole Patterns, AirWair with Bouncing Soles heel loop, Convention creates a right of
may be protected through Registered in its present distinctive black and yellow priority for a short period after
and Unregistered and Two and Three form was developed by R Griggs, for registration of a Mark in another
Dimensional Trade Mark protection. introduction in the early 1960s. Convention country.
R.GRIGGS GROUP LIMITED
 HISTORY AND PROTECTION OF
THE DR. MARTENS TRADE MARK
The Dr. Martens Trade Mark is
owned by the German families of the
designers of the original Dr. Maertens
Air Cushion Sole. The mark is
licensed to the R Griggs Group Ltd for
its world-wide exclusive use, and has
been the subject of Utilisation and
Licence Agreements between the
respective companies since the 1960s.
(Note that the original name Maertens
was anglicised as pronunciation
difficulties were anticipated in England.)
When production of Dr. Martens
began, Trade Mark protection for this
mark - as with AirWair (and variants)
was required and the German
company applied for protection of this
mark. All Dr. Martens Air Cushion
Soles have borne this Trade Mark.
As international markets have been
developed, so has the necessity for
adequate Trade Mark protection for
the core footwear product in the form
of word mark protection for
the basic and variant
marks. Apart from
the word mark
Dr. Martens, there are
other variants such as
Trade dress
Dr. Martens footwear has a number
of distinctive product features, which
in Intellectual Property Terms are
called the “Get-up”, or more
commonly the “Trade Dress”. Trade
Dress features are used in much the
same way as Trade Marks, in that
they are an indicator to the consumer
that the products emanate from a
single source, giving the consumer
certain quality and perception
expectations and also evoking the
Doc’s, DM’s, Doc Martens and the
Dr. Martens Resistance Rectangle,
image of the brand.
which are registered marks. Most of Some of the footwear features which
these have been adopted because of the are jealously guarded are, for
consumer referring to the product under example:
these variants and in the case of the
Resistance Rectangle this mark has
been applied to many of the classic
YELLOW WELT STITCH
By using a distinctive yellow
Dr. Martens footwear styles since 1960. thread in the manufacture of
Dr. Martens “Z” welt footwear,
Why protect Trade
Marks?
the consumer has grown to
associate this feature with the
Trade Marks and therefore the
Yellow Welt Stitch acts as a
Griggs wanted to protect its ability
to invest in the development of
its business through advertising
distinguishing feature.
GROOVED SOLE EDGE
its brand and this investment This appears as horizontal lines
was secured through
relevant Trade Mark protection.
the
around the PVC sole, creating a
ridged design and has become
Without protecting and policing
its Trade Marks, Griggs another Trade Dress feature.
would have little security TWO-TONED SOLE EDGE
that the AirWair marks
could be used exclusively
by itself, leading
Found at the point on the sole
edge where the welting material
to competitors branding meets the PVC sole. This has
been used consistently over the
their products using
these marks, leading to years.
consumer confusion. DMS SOLE PATTERN
The DMS sole pattern has been
used since the 1960s.
OVERALL CONFIGURATION OF
THE 1460 BOOT
The eight eyelet boot with the
Trade Dress features outlined
above, was initially produced
on the 1 April 1960. Its style
number refers to the initial
production date of
1.4.60.
Problems without
protection
Problematic is the issue of copying, a
practice that results in the production
of a look-a-like product by an
unauthorised third party. The copies are
usually products, which in the case of
Dr. Martens footwear may use
dissimilar word and logo markings,
although using an identical or
confusingly similar Trade Dress to the
original. This has become a major issue
for the company as its product is
associated with fashion and the
footwear is sold internationally. The
Company enforces its Intellectual
Property Right in all countries.
Operating on a global
scale
Operating on a global scale produces
added complications when attempting
to protect Marks in countries not using
the Roman alphabet. If the local
population cannot read the mark, or
pronounce it, a suitable translation
into the local language has to be
found. It is important to make sure
that the translated mark works in the
relevant country and not rely only on
a translation service to provide a new
Trade Mark without testing its
reception in the market.
In order to keep a Trade Mark valid,
it has to be used regularly and use
has to be proved in many of the
markets in which application and
registration have been filed or
granted. There are, however, instances
when the brand owner wishes to secure
Trade Mark protection in markets
where trade is not anticipated. This
course of action is in order to prevent
third parties from using or applying to
register the mark.
Brand extension
As a brand grows in popularity
so do the opportunities to
license the Trade Mark to
third parties, providing
permission to another
company to produce goods
bearing the marks, which
the consumer associates
with the 'core' products.
Licensing allows companies
to offer a wider range of products
under their Trade Marks, presenting the
consumer with a selection of new
goods, under the familiar mark. Griggs
jealously protect their brand by
ensuring careful quality control of the
products produced under their Mark is
carried out. Griggs began to offer
licences for its Trade Marks in 1994,
due to high demand for the footwear -
brand extension was considered and
various product options assessed.
Research indicated that the consumer
associated the Dr. Martens and AirWair
Trade Marks with products such as
clothing and accessories, as well as
bags, stationery and watches.
After entering into licensing
agreements with various companies,
Dr. Martens bags, watches and
TASKS &
stationery ranges became available.
ACTIVITIES
Brand extension though can both
enhance the core product through
greater consumer allegiance and
confidence and can springboard
1 Why is branding an important part
of many companies' strategy?
additional sales of the core product.
Conversely, if managed badly, the core
product may be severely damaged
through alienation of the customer if
2 How can branding
marketing the product?
help in
the brand extension goods are of a poor
quality or if they do not reflect the
values/images of the brand. 3 Using figures for UK footwear
production, chart the progress of
R Griggs Group Ltd against the
Maintaining progress industry for the last 10 years.
The purchase of footwear in the UK
reaches nearly £5bn per year, with
a large proportion of shoes being
4 Why have UK retailers been
happy to take foreign produced
imported from low cost producers
goods?
outside the EU. Competition from
these producers has resulted in many
UK shoe manufacturers going out of
business or seeing their markets
5 Why have UK retailers been keen
to stock Dr. Martens?
gradually eroded.
R Griggs Group Limited, through the
successful production of a high
6 Why is it necessary to look at
Trade Mark and Trade Dress issues?
quality product that appeals to both
the fashion conscious and those
seeking comfortable footwear, has 7 Outline the dangers of embarking
on expansion in markets that require
the adoption/amendment of the original
survived and prospered. Employing
3,000 in the UK alone and producing Trade Mark.
200,000 pairs of shoes per week (10
million pairs per year), the company
sees its future as offering further
opportunities for growth.
8 Brand extension strategies are
pursued by many companies -
outline the problems associated with
this.
It has done this through a successful
branding strategy and the protection of
the brand through Trade Marks. This
has kept the product distinct in the
mind of consumers who recognise it
and understand the underlying
quality associated with it. Other
UK shoe producers have not
generally found the same route to
success.
Moving into international markets
and opting for brand
extension, the company
will be presented with
new challenges, which
will require the same
innovative response as
has been seen in the past.
Whilst every effort has been made to ensure accuracy of information, neither the publisher
nor the clients can be held responsible for errors of omission or commission.
R.GRIGGS GROUP LIMITED