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This book delves into the origins and evolution of trademark and branding practices in a wide range of geographical areas and periods, providing key knowledge for academics, professionals, and general audiences on the complex world of brands. The volume compiles the work of twenty-five prominent worldwide scholars studying the origins and evolution of trademarks and branding practices from medieval times to present days and from distinct European countries to the USA, New Zealand, Canada, Latin America, and the Soviet Union. The first part of the book provides new insights on pre-modern craft marks, on the emergence of trademark legal regimes during the nineteenth century, and on the evolution of trademark and business strategies in distinct regions, sectors, and contexts. As industrialisation and globalisation spread during the twentieth century, trademarking led to modern branding and international marketing, a process driven by new economic, but also cultural factors. The second part of the book explores the cultural side of the brand and offers challenging studies on how luxury, fashion, culture associations, and the consolidation of national identities played a key role in nowadays branding. This edited volume will not only be of great value to scholars, students and policymakers interested in trademark/branding research, but to marketing and legal practitioners as well, aiming to delve into the origins of modern brand strategies. The chapters in this book were originally published as two special issues of the journal, Business History.
Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers' and non-lawyers' perspectives, so that each commentator addresses and critiques his or her counterpart's analysis. The perspectives of non-legal fields are intended to enrich legal academics' and practitioners' reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law.
The business world has moved from using trademarks -- simple symbols identifying products -- to brands -- rich symbols that feed business strategy. At the same time, networked and empowered consumers are using brands, brand language, and branding strategies to make decisions about what they purchase, express preferences about how corporations conduct their business, and call for changes in corporate practices. These changes are the future of commerce. But trademark law has not kept pace with either. This Article argues that because brands are governed by trademark law, the full realization of brands as information resources is hindered. Current trademark law is blinkered and confused, and consequently fails to manage all the interests at stake in the modern business environment. This failure flows from a core misunderstanding: trademark law has not grasped that it is managing brands, not trademarks. To address this shortcoming, this Article develops a new theory of trademarks: brand theory. This theory explains riddles within current trademark doctrine and provides the foundation for a new normative approach to trademarks. It expands the current information-based understanding of trademarks to embrace the possibility that trademarks can be true information resources for all stakeholders in a brand -- corporations, consumers, and communities -- rather than vessels for only one side's views. In short, a brand theory of trademarks offers the opportunity to bring trademark law into the information age.
Trade Marks, Brands and Competitiveness brings together scholars from a variety of disciplines to provide a critical account of the contribution of branding to economic growth, the relationship between trademark law and brand strategy, and the building and repositioning of individual brands as case studies in the effects of competition.
On the legal protection of brands from copying, counterfeiting, and unfair competition.
A practical and useful resource for valuing trademarks The Second Edition of Trademark Valuation is a fresh presentation of basic valuation principles, together with important recent changes in worldwide financial reporting regulations and an update on the current worldwide legal conditions and litigation situation as they relate to trademarks. A new section discussing issues surrounding valuation of counterfeits and the economic effects of trademark counterfeiting is included in this informative Second Edition. Considers methods to determine the real value of your trademark and exploit its full potential Offers dozens of case studies that illustrate how to apply valuation methods and strategies to real-world situations Communicates complex legal and financial concepts, terms, principles, and practices in plain English Discusses GATT, NAFTA, emerging markets, and other international trademark considerations
Registered trademarks provide online security for valuable intangible brand assets. A registered trademark stakes out your exclusive rights for the goods and services you sell. Up to 50% of the purchase price paid to acquire a business is for the brand and other intangibles. Business good will is a real asset, the most valuable asset your business will create and own. A plan to protect your brand is more than a smart business move, it can make the difference in the life and health of your business. A strong trademark registration serves to bullet proof your brand against cyber theft and third-party infringements. It is an essential weapon to protect products in today's online market places, and safeguard rights of service brands being marketed online. A strong portfolio of trademarks become valuable business assets that insure the good will of your business, and form the cornerstone upon which to leverage wealth and create a legacy for your business and your family.For the first time, a leading trademark attorney has developed a simple, easy to follow the three-step process to secure a registered trademark. This consumer guide will allow you to Select. Secure. Sustain.a brand that achieves outstanding results and makes an impact upon your clients and those you serve.The author has carefully reimagined tried and proven trademark registration principles brought to life with real life examples, designed to empower business owners and entrepreneurs with the tools necessary to develop and sustain a best in class brand. Learn how the major brands use registered trademarks to leverage business value, and build a portfolio of that increases the bottom line and grow business value.In this integrity driven guide, you will learn:What is a trademark, and why and when you should register your brand names.The types of brand names that qualify for a registered trademark, and which do not.The steps to success when registering a trademark.Reasons your application will be refused and how to avoid the rejection.How to avoid being misled or scammed. Side-step bad advice and find and expert you can trust.
This guide is the first in a series of guides on “Intellectual Property for Business.” It is devoted to trademarks, a central element in the marketing and branding strategy of any company. It seeks to explain trademarks from a business perspective.