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On the Necessity of Trademark Portfolio Planning: Transitioning into an Epidemic-Resilient Industry in the Face of COVID-19's Global Outbreak



Nearly all trades have been affected by the global economic impact made by the novel coronavirus (COVID-19) outbreak. In turn, companies have made attempts to "diversify" or "shift investments" in order to stay in the business. Whether for self-protection or protecting others for humanitarian purposes, a number of well-known corporations have already made headway in building an epidemic-resilient industry chain that ventures outside their core business.
                                                   
With Europe recently hit hard by the pandemic, the fashion industry in particular has taken a beating. According to the media reports, around March 2020, Chief Executive, out of public welfare concerns announced that the factories making ''perfumes and cosmetics'' for such luxury brands would be repurposed to produce ''ethanol-based hand sanitizers'', as it so happens that the perfume-making ingredients stored there, such as ethanol and glycerine, are also used to produce said sanitizers. As the high-quality plastic and glass containers as well as highly-efficient filling equipment are already in place, the goods have been speedily produced, labeled with such well-known trademarks, and delivered to the French medical system. In its way, the fashion industry has contributed to easing tension by making its fashionable items relevant to the times.
 
France's neighbor Italy has suffered tremendously from the coronavirus outbreak. In light of the situation, high-end brands have suspended production of goods that are not necessities of life in their local factories. Originally fitted to make ''high-class clothing'', these production facilities now manufacture ''protective clothing'' and ''masks''.

Nowadays, with the public cautioned not to leave their homes unless necessary, the automobile industry has likewise been affected. Despite this situation, several US big automakers are currently working around the clock to turn their ''automobile'' assembly line into one that makes ''ventilators.''
 
It goes without question that various large corporations have recognized the importance of trademark registration. In advance, they have devised plans to register the goods or services they primarily produce and sell, targeted the emerging industries into which they plan to enter in a few years, and made projections about future trends as part of their diversification strategy. But in the face of COVID-19's swift and overwhelming onslaught, companies have had little time to be prepared. The fashion industry could not have predicted that its business of making Class 30101 cosmetics and perfumes and Class 2501 clothing would one day have to be converted, in less than a month, to producing such health-related, even life-sustaining, articles as Class 5 ethanol, anti-bacterial hand sanitizers, anti-bacterial hand wash gels, masks (general sanitation purposes), Class 10 masks for medical use, Class 24 mask covers, and Class 10 protective clothing for medical use. Likewise, the automobile giants manufacturing Class 1206 automobiles could not have imagined that they would one day be called on in such a life-threatening situation to immediately produce Class 10 ventilators, artificial respirators, respiratory auxiliary devices, and respirators for artificial respiration.
 
In the face of such crisis, countermeasures should take precedence over marketing concerns. This means providing goods vital to fighting the pandemic for free, albeit with a "Not for Sale" label. Still, one day the crisis will abate. By then, having learned valuable lessons in fighting the outbreak, the public will perhaps have learned to view essential items for day to day living differently, reappraising the value of various goods in relation to themselves. For instance, the habit of spraying perfume may be changed to that of spraying hand sanitizer. The mask you keep at hand may become a fashion item, something that should match your personal fashion taste. It is also likely that awareness of maintaining an inventory of protective clothing will be much enhanced. To take it further, if an outbreak occurring on an irregular basis should become the new normal, as predicted by some experts, any business with production lines will have to seriously consider the possibility of having to make instant adjustments to mass-produce medical equipment and of being enlisted to serve the greater good on short notice at any time, all the while maintaining profitability in order to survive.
 
Due to the outbreak's effects, the market will not be the same going forward. As the purpose of trademark registration is to market goods and services, companies should plan ahead and file those trademark registrations that correspond to the new business activities they are engaged in if they want to stay ahead of the competition.
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