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

By Georg von Graevenitz


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.

Topics: Discussion Paper Series of SFB/TR 15 Governance and the Efficiency of Economic Systems, C2 - Intellektuelles Eigentum, Aneignung von Innovationserträgen und Innovationswettbewerb, ddc:330
Year: 2007
DOI identifier: 10.2139/ssrn.1443425
OAI identifier: oai:epub.ub.uni-muenchen.de:13337
Provided by: Open Access LMU

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