From Distinctive Sign to Cultural Symbol: The Emotional Power of Trademarks

In July 2025, the Colombian food chain Frisby celebrated its 48th anniversary with an unusual event: a gathering of national brand mascots known as the “FrisGala.” What initially appeared to be a simple anniversary campaign was, in fact, a sophisticated symbolic activation with strong emotional and legal implications.

The celebration served as a creative, non-confrontational response to a legal dispute in Spain involving the unauthorized reproduction of Frisby’s name, image, and mascot.

Beyond Traditional Legal Enforcement

Trademark disputes are typically addressed through legal mechanisms such as oppositions, cancellations, infringement actions, or interim measures. However, in cases involving strong symbolic value, these tools can be complemented with market-driven strategies that reinforce brand identity and goodwill.

The Frisby case raises an important question: can trademark defense extend beyond litigation and incorporate symbolic actions that strengthen market legitimacy?

Trademarks as Cultural Symbols

Distinctive signs do more than identify products or services. Over time, certain trademarks evolve into cultural symbols, creating deep emotional bonds with consumers—especially those with strong national roots and long-standing narratives.

At this stage, a trademark transcends its legal function and becomes part of a shared cultural identity.

The Strategic Role of Brand Mascots

Brand mascots play a critical role in personification and emotional engagement. For this reason, companies should ensure that mascots are properly protected as intellectual property assets, as they can become highly valuable differentiators.

Depending on the jurisdiction and circumstances, mascots may be protected through:

• Figurative trademarks

• Three-dimensional trademarks

• Copyright

• Trade dress protection

Cobranding as a Positioning and Defense Strategy

Initiatives like the “FrisGala” highlight the power of cobranding to enhance brand value. Collaborating with brands that share values or cultural references creates synergies that amplify emotional resonance and market reach.

Beyond promotion, such collaborations can function as defensive and positioning strategies, reinforcing authenticity, prestige, and cultural relevance.

Conclusion

The Frisby case demonstrates that trademark protection extends beyond courtrooms. While formal registration and legal safeguards remain essential, they should be complemented with creative, emotionally driven strategies that strengthen consumer relationships.

By combining legal protection with symbolic and collaborative initiatives, brands can not only defend their intellectual property but also build lasting loyalty and a meaningful brand legacy.

WRITTEN BY: VALENTINA BARBOSA

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