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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 J.H. Graham & Galen Hancock & Alan C. Marco & Amanda Fila Myers, 2013. "The USPTO Trademark Case Files Dataset: Descriptions, Lessons, and Insights," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 22(4), pages 669-705, December.
    3. Rockett, Katharine, 2010. "Property Rights and Invention," Handbook of the Economics of Innovation, in: Bronwyn H. Hall & Nathan Rosenberg (ed.), Handbook of the Economics of Innovation, edition 1, volume 1, chapter 0, pages 315-380, Elsevier.
    4. Dirk Crass & Dirk Czarnitzki & Andrew A. Toole, 2019. "The Dynamic Relationship Between Investments in Brand Equity and Firm Profitability: Evidence Using Trademark Registrations," International Journal of the Economics of Business, Taylor & Francis Journals, vol. 26(1), pages 157-176, January.
    5. Nemlioglu, Ilayda & Mallick, Sushanta K., 2020. "Do innovation-intensive firms mitigate their valuation uncertainty during bad times?," Journal of Economic Behavior & Organization, Elsevier, vol. 177(C), pages 913-940.
    6. Stuart Graham & Galen Hancock, 2014. "The USPTO economics research agenda," The Journal of Technology Transfer, Springer, vol. 39(3), pages 335-344, June.
    7. Dudar, Olena & Voget, Johannes, 2016. "Corporate taxation and location of intangible assets: Patents vs. trademarks," ZEW Discussion Papers 16-015, ZEW - Leibniz Centre for European Economic Research.
    8. Crass, Dirk, 2020. "Which firms use trademarks? Firm-level evidence from Germany on the role of distance, product quality and innovation," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 27(7), pages 730-755.
    9. 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.
    10. Crass, Dirk, 2014. "Which firms use trademarks - and why? Representative firm-level evidence from Germany," ZEW Discussion Papers 14-118, ZEW - Leibniz Centre for European Economic Research.

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    More about this item

    Keywords

    trade marks; opposition; intellectual property rights; reputation;
    All these keywords.

    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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