Which Reputations Does a Brand Owner Need? Evidence from Trade Mark Opposition

Graevenitz, Georg von (July 2007): Which Reputations Does a Brand Owner Need? Evidence from Trade Mark Opposition. SFB/TR 15 Discussion Paper No. 215

Abstract

At least two: the reputation of their brand and a reputation for being tough on imitators of this brand. Sustaining a brand requires both investment in its reputation amongst consumers and the defence of the brand against followers that infringe upon it. I study the defence of trade marks through opposition at a trade mark office. A structural model of opposition and adjudication of trade mark disputes is presented. This is applied to trade mark opposition in Europe. Results show that brand owners can benefit from a reputation for tough opposition to trade mark applications. Such a reputation induces applicants to settle trade mark opposition cases more readily.

• Item Type: Paper (Discussion Paper)
• Keywords: trade marks, opposition, intellectual property rights, reputation
• Collections: Special Research Fields > Discussion Paper Series of SFB/TR 15 Governance and the Efficiency of Economic Systems; Special Research Fields > Discussion Paper Series of SFB/TR 15 Governance and the Efficiency of Economic Systems > C2 - Intellektuelles Eigentum, Aneignung von Innovationserträgen und Innovationswettbewerb
• Subjects: 300 Social sciences > 330 Economics
• JEL Classification: K41, L00, O31, O34
• Language: English