Coffee has become a lifestyle product, an adult treat. Coffee shops and cafes are popular businesses and attract more and more customer these days. Latte Art is a sophisticated form of presentation of a coffee that uses distinctive patterns, created through free pouring of the steamed milk by baristas.
Every day, the world consumes about 3 billion cups of coffee. Coffee is not only a vital presence in the daily life of a significant share of the world´s population, it is also one of the most important internationally traded agricultural commodities and it has a significant social and economic impact for 25 million families – mostly small farmers – that live in more than 50 producing countries.
COFFEE PRODUCING COUNTRIES
Coffee is produced in over 50 countries, located in the tropical and subtropical areas (Map 1), and is a source of income to nearly 25 million coffee growers, mostly small holders that run plantations of less than 5 hectares. Coffee is also one of the most widely consumed beverages in the world, as it is part of a significant share of the world population´s daily routines.
In the United States, currently the biggest market in terms of value and volume, marketing research shows that coffee is the most important beverage for consumers Technomich (2016), NCA (2016), and is consumed by more than three quarters of the adult population in a given year. Also, different “coffee consuming cultures” have developed over the years in a large number of countries (Reina et al 2007, Pendergast, 1999, Euromonitor b 2016). All in all, it can be said that the world consumes nearly 3 billion cups of coffee per day a figure that highlights the social dimension of this beverage in the lives of a significant proportion of the world´s population.
Whether your business is a coffee grower, coffee roaster or a coffee shop, you are operating in valuable market that can create a profitable income, if you do it right.
THE ROLE OF INTANGIBLE ASSETS IN THE COFFEE/ CAFE INDUSTRY
1.Growers/ Roasters/ Exporters/ Importers
For growers the processes of growing, picking, wet milling, drying, dry milling, exporting, importing and roasting involves certain technology and procedures that can be subject to Intellectual Property protection, such as plant breeder’s rights for coffee beens, patents related to harvesting and packaging processes and trade mark rights in relation to name and logo of the respective company.
For growers the processes of growing, picking, wet milling, drying, dry milling, exporting, importing and roasting involves certain technology and procedures that can be subject to Intellectual Property protection, such as plant breeder’s rights for coffee beens, patents related to harvesting and packaging processes and trade mark rights in relation to name and logo of the respective company.
The Demand Segment
In the demand segment of the supply chain, manufacturer and distributors can benefit from the protection of their IP.
Roasters, Coffee Retailers, Soluble Manufacturers and Brewing Manufacturers need to think about protection of brewing technologies, capsules, roasting and decaffeination and blending technologies, as well as brand names and logos.
Baristas and Coffee Artists
As a barista, your profession is often your passion. Latte Art championships are held around the globe, where incredible patterns are poured by the people, who prepare and serve espresso-based coffee drinks.
The question arises if latte art patterns can be protected by trade mark registrations. The most common patterns are
- THE SWAN IN A POND
- THE PHOENIX
- THE ROSETTA
- THE STACKED TULIP
DON’T STOP POURING!
It goes without saying that no IP right in the world can monopolise pouring techniques or would prevent anyone from offering coffee with certain latte art patterns to customers.
However, the above patterns and any other latte art design can be subject to trade mark protection in a way that the respective design is used as a brand/ badge of origin for a certain café or coffee place to attract customers and a monopoly with regards to the use in advertising is granted to its respective owner. If you are the owner of a coffee place, it is strongly recommended to find a unique and attracting name, along with a catchy logo that makes reference to your artistic coffee skills.
REGISTER YOUR BRAND NAME/ COFFEE/ CAFE BUSINESS NAME AS A TRADE MARK TO USE THE ®
Have you registered your business name with ASIC? Surprisingly, this does not prevent others from stopping you. A business name is, quite simply, the name under which your business trades. The registration of a business name is an administrative act that grants no monopoly rights towards the applicant. If the business name operates as ‘badge of origin’, that enables your customers to identify your business in the marketplace through your unique name, then you should register it as a trade mark.
Only a registered trade mark provides the owner with exclusive rights to use the mark, and authorise others to use the mark. As a consequence, those who have merely registered their business name, a cafe owner with a registered mark can prevent any third party from an identical or even similar name.
It is recommended to register your cafe name as a trade mark as soon as possible. Imagine the situation, a competitor applies for registration of your brand/ business name and then excludes you from using it. Rebranding would be required, resulting in a significant loss of goodwill. Rebranding always comes with significant unwanted costs.
The name of your café business is extremely valuable. Your name and its established reputation with customers and rebranding could It would be prudent for you to safeguard yourself by registering your cafe’s business/trading name as a trade mark. This is even more important, as coffee businesses in major cities like Sydney or Melbourne operate in a highly competitive market, with new cafes regularly opening.
Register the latte art pattern of your choice and make it your very own intangible asset
Your favourite latte art pattern – it may be a very uncommon one, that you created yourself – can be the star of your cafébusiness. If you use it, make sure, you don’t lose it. When registering a latte art design as trade mark, it becomes your intangible business asset and you are granted a monopoly for your very own creation.
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