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You want to win so badly that, alas! If you do – The Strategy of Renown
You want to win so badly that, alas! If you do - The Strategy of Renown

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If a trademark is generally known by the public at large and not only by a sector of the market, then it is a renowned brand.

At this time of year, if we think of a sign that meets the above definition, it is a renowned brand in the broad sense of the term (both legal and sentimental).

Surely what comes to mind is what for many marks the beginning of Christmas, the starting signal of these dates: the announcement for the Lotería de Navidad (Christmas Lottery), the Décimo Dorado (Golden Tenth), the Décimo de Navidad (Tenth Share Christmas Lottery ticket), the 22nd of December, the (long awaited) Sorteo de Navidad (Christmas Draw), the Children of San Ildefonso and their melodious voices, the Bombo (Rotating Drum), the sound of the balls, the lyres and the (long-awaited) Gordo (Grand Prize).. All these elements that help to turn the dreams of many privileged by luck into reality are registered trademarks with a distinctiveness that has been recognised by the Spanish Patent and Trademark Office.

The Christmas Lottery is the most famous and most played draw in Spain. It has true followers who collect their tickets, play the most prized ending numbers, or an important date in their lives. Some companies even have their own number to distribute fortune among their employees. It is the draw that brings with it the most hope and the most money through its grand prize, as well as the lottery with the strongest trademark protection.

In general, however, whether we are lottery players or not, it is one of the most recognised and awaited events of the holiday season. So would it be possible to refer to seasonal renown? Perhaps this new term should be considered in this case.

The history of this lottery dates back to 1811, and the War of Independence against the French. The Cortes de Cádiz created this lottery out of a need for money, and its first edition took place on 18 December 1812, known as ‘Lotería Moderna’, to differentiate it from the ‘Lotería Primitiva’ created in 1763. It was in 1892 when it became known as the ‘Lotería de Navidad’, but it was not until 1957 when the first televised draw in history was held, and it then became computerised in 1974. The draws have evolved both in terms of staging and in their distinctive features, as well as in the place where they are held. Will 2024 be the year of the first draw in the metaverse? It would be protected.

Then there is the ‘Sorteo del Niño’, the second most important draw of the year, which makes the morning of Epiphany even more magical, marking the end of the Christmas period.

Behind these trademarks (and illusions) is Loterías y Apuestas del Estado (Sociedad Estatal Loterías y Apuestas del Estado SELAE), a publicly owned Spanish lottery and gambling operator. This State Company and its legal team fully understand the importance of proper protection of its assets and the growing need to protect the greater distinctive capacity of its brands so that the consumer knows who is behind them and is not misled.

The goal is to obtain reinforced protection for their trademarks, which is more than justified by the value they have garnered as a result not only of their continuous use but also of their good work, which normally entails significant investments in advertising and product quality. At this point SELAE has rolled out important advertising campaigns for its draws. Who does not remember the actor Clive Arrindell, star of the Christmas lottery draw advertisement from 1998 to 2005 and popularly known as “the bald man” of the Christmas lottery, as well as ‘El mayor premio es compartirlo’ with Manuel or ‘No hay mayor suerte que la de tenernos’,this year’s spot that has allowed us to enjoy an empty Madrid that so many of us dream of.

SELAE makes an effort at a legal level where it actively defends all its trademarks, filing numerous oppositions and actions against third parties seeking to register the same or similar trademarks. These oppositions have for the most part been upheld, and the Spanish Patent and Trademark Office has estimated the renown and recognition that some of the trademarks such as LA QUINIELA, BONOLOTO, PRIMITIVA and LOTERIA NACIONAL, games operated by Loterías y Apuestas del Estado in Spain, have.

In short, yes, this IS WHAT IT TAKES, and LOTERIA NACIONAL knows that in order to be successful, it is important to obtain an enhanced protection of the distinctive signs surrounding its draws, justified for two main reasons:

  • To protect the consumer by avoiding error as to the origin of the goods and services surrounding its draws
  • To protect itself as a company by preventing a third party from unlawfully using its distinctive signs and marks and taking unfair advantage of their renown or distinctive character

This is an example of a company that has been able to make its brands work from the 19th century to date, adopting a long-term strategy and knowing how to project its distinctive signs, which has made its draws resonate in the minds and touch the hearts of consumers, which could be considered a good definition of renown.

Because one thing is clear, there is no greater good fortune than to be renowned.

Aída Tarí
Trademarks and Brand Intelligence Manager at PONS IP

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