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Trademark or patent? The effects of market concentration, customer type and venture capital financing on start-ups’ initial IP applications

Author

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  • Geertjan De Vries
  • Enrico Pennings
  • Joern H. Block
  • Christian Fisch

Abstract

We analyse the initial IP applications of 4,703 start-ups in the U.S., distinguishing between trademark and patent applications. Our empirical results show that start-ups are more likely to file for trademarks instead of patents when entering markets with a higher market concentration. Furthermore, we find that start-ups that are primarily active in business-to-consumer markets instead of business-to-business markets are more likely to file trademarks. Finally, the involvement of a venture capitalist (VC) affects the initial IP application. VC-backed start-ups are more likely than other start-ups to file initial IP in the form of trademarks rather than patents. This paper contributes to research on the use of IP rights in start-ups and to the literature on new venture strategy.

Suggested Citation

  • Geertjan De Vries & Enrico Pennings & Joern H. Block & Christian Fisch, 2017. "Trademark or patent? The effects of market concentration, customer type and venture capital financing on start-ups’ initial IP applications," Industry and Innovation, Taylor & Francis Journals, vol. 24(4), pages 325-345, May.
    • Handle: RePEc:taf:indinn:v:24:y:2017:i:4:p:325-345
    DOI: 10.1080/13662716.2016.1231607
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    Citations

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    Cited by:

    1. Max Nathan & Anna Rosso, 2017. "Innovative events," Development Working Papers 429, Centro Studi Luca d'Agliano, University of Milano, revised 08 Apr 2019.
    2. Wang, Haoying & Dou, Shuming, 2018. "Determinants of Trademarking: Evidence from Arizona and New Mexico Startups," MPRA Paper 90096, University Library of Munich, Germany.
    3. Sara Amoroso & Albert N. Link, 2021. "Intellectual property protection mechanisms and the characteristics of founding teams," Scientometrics, Springer;Akadémiai Kiadó, vol. 126(9), pages 7329-7350, September.
    4. Stephen Petrie & Mitchell Adams & Ben Mitra‐Kahn & Matthew Johnson & Russell Thomson & Paul Jensen & Alfons Palangkaraya & Elizabeth Webster, 2020. "TM‐Link: An Internationally Linked Trademark Database," Australian Economic Review, The University of Melbourne, Melbourne Institute of Applied Economic and Social Research, vol. 53(2), pages 254-269, June.
    5. Bernadette Power & Gavin C. Reid, 2023. "Lifting the hood of supply and demand for trademarks of start‐ups: Partial observability estimates," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 44(1), pages 311-321, January.
    6. Nathan, Max & Rosso, Anna, 2022. "Innovative events: product launches, innovation and firm performance," Research Policy, Elsevier, vol. 51(1).
    7. Gnangnon, Sèna Kimm, 2022. "Effect of the duration of membership in the World Trade Organization on Trademark Applications," EconStor Preprints 253266, ZBW - Leibniz Information Centre for Economics.
    8. Choi, Donghyuk & Kim, Yeonbae, 2018. "Market share and firms’ patent exploitation," Technovation, Elsevier, vol. 72, pages 13-23.
    9. Farzana Chowdhury & David B. Audretsch, 2024. "Paradoxes of accelerator programs and new venture performance: Do varieties of experiences make a difference?," Small Business Economics, Springer, vol. 62(1), pages 381-409, January.
    10. Seip, Marcel & Castaldi, Carolina & Flikkema, Meindert & De Man, Ard-Pieter, 2018. "The timing of trademark application in innovation processes," Technovation, Elsevier, vol. 72, pages 34-45.
    11. Lee, Keun & Lee, Jongho & Lee, Juneyoung, 2021. "Variety of national innovation systems (NIS) and alternative pathways to growth beyond the middle-income stage: Balanced, imbalanced, catching-up, and trapped NIS," World Development, Elsevier, vol. 144(C).
    12. Flikkema, Meindert & Castaldi, Carolina & de Man, Ard-Pieter & Seip, Marcel, 2019. "Trademarks’ relatedness to product and service innovation: A branding strategy approach," Research Policy, Elsevier, vol. 48(6), pages 1340-1353.
    13. Darius Lambrecht & Joern Block & Matthias Neuenkirch & Holger Steinmetz & Tom Willeke, 2023. "The Interdependence of Intellectual Property and Sales in the Manufacturing Industry: Evidence from the Triangle of Patents, Trademarks, and Sales," Research Papers in Economics 2023-10, University of Trier, Department of Economics.
    14. Lars Hornuf & Matthias Schmitt & Eliza Stenzhorn, 2017. "Equity Crowdfunding in Germany and the UK: Follow-up Funding and Firm Failure," CESifo Working Paper Series 6642, CESifo.
    15. Masatoshi Kato & Koichiro Onishi & Yuji Honjo, 2022. "Does patenting always help new firm survival? Understanding heterogeneity among exit routes," Small Business Economics, Springer, vol. 59(2), pages 449-475, August.
    16. Patel, Pankaj C. & João Guedes, Maria & Pagano, Michael S. & Olson, Gerard T., 2020. "Industry profitability matters: The value of sustainable growth rate and distance from bankruptcy as enablers of venture survival," Journal of Business Research, Elsevier, vol. 114(C), pages 80-92.

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