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

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  • Graevenitz, Georg von

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.

Suggested Citation

  • Graevenitz, Georg von, 2007. "Which Reputations Does a Brand Owner Need? Evidence from Trade Mark Opposition," Discussion Paper Series of SFB/TR 15 Governance and the Efficiency of Economic Systems 215, Free University of Berlin, Humboldt University of Berlin, University of Bonn, University of Mannheim, University of Munich.
  • Handle: RePEc:trf:wpaper:215
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    Cited by:

    1. Flikkema, M.J. & Man, A.P. de & Wolters, M.J.J., 2010. "New trademark registration as an indicator of innovation: results of an explorative study of Benelux trademark data," Serie Research Memoranda 0009, VU University Amsterdam, Faculty of Economics, Business Administration and Econometrics.
    2. Stuart Graham & Galen Hancock, 2014. "The USPTO economics research agenda," The Journal of Technology Transfer, Springer, vol. 39(3), pages 335-344, June.
    3. Rockett, Katharine, 2010. "Property Rights and Invention," Handbook of the Economics of Innovation, Elsevier.
    4. Dudar, Olena & Voget, Johannes, 2016. "Corporate taxation and location of intangible assets: Patents vs. trademarks," ZEW Discussion Papers 16-015, ZEW - Zentrum für Europäische Wirtschaftsforschung / Center for European Economic Research.
    5. Sandner, Philipp G. & Block, Joern, 2011. "The market value of R&D, patents, and trademarks," Research Policy, Elsevier, vol. 40(7), pages 969-985, September.
    6. Dirk Crass & Dirk Czarnitzki & Andrew A. Toole, 2016. " The dynamic relationship between investments in brand equity and firm profitability: Evidence using trademark registrations," Working Papers Department of Managerial Economics, Strategy and Innovation (MSI) 526330, KU Leuven, Faculty of Economics and Business, Department of Managerial Economics, Strategy and Innovation (MSI).
    7. Crass, Dirk, 2014. "Which firms use trademarks - and why? Representative firm-level evidence from Germany," ZEW Discussion Papers 14-118, ZEW - Zentrum für Europäische Wirtschaftsforschung / Center for European Economic Research.

    More about this item

    Keywords

    trade marks; opposition; intellectual property rights; reputation;

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • L00 - Industrial Organization - - General - - - General
    • O31 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Innovation and Invention: Processes and Incentives
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

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