Advances in Economics, Management and Political Sciences
- The Open Access Proceedings Series for Conferences
Proceedings of the 3rd International Conference on Business and Policy Studies
Series Vol. 71 , 18 January 2024
Open
Access | Article
Analysis of the Advantages of Trademark Registration Offer Compared with Relying on Unfair Competition or Passing-off to Enforce Rights over Trademarks
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Abstract
Compared with relying solely on unfair competition or trademark infringement to maintain brand rights, trademark registration has obvious advantages. It provides statutory protection, ensuring that the rights of trademark owners are guaranteed by law. This registration also grants the exclusive right to use the mark, preventing others from using similar marks that may cause confusion. One of its most important benefits is the presumption of validity in court, thereby putting the onus on the challenger to prove otherwise. Once a trademark is registered, it is protected nationwide, regardless of where it is first used. In the event of infringement, a registered trademark can secure greater damages, potentially deterring illegal use. The enforcement procedure for registered trademarks is more streamlined, which facilitates faster resolution of issues. Registration can be a springboard for international expansion, allowing businesses to register trademarks in other countries more seamlessly. Essentially, for businesses keen to maintain their brand reputation and image, trademark registration is a better choice due to its comprehensive advantages.
Keywords
Trademark Registration, statutory protection, Trademark, brand reputation
References
1. Economides, N. S. (1988). The economics of trademarks. Trademark Rep., 78, 523.
2. Dornis, T. W. (2017). Trademark and unfair competition conflicts: Historical-comparative, doctrinal, and economic perspectives (Vol. 34). Cambridge University Press..
3. Cervino, J., & Cubillo, J. M. (2004). A resource-based perspective on global branding: An analysis of trademark registration data. International journal of management, 21(4), 451.
4. Kent, W. C. (1968). Trademarks: Validity of Assignment of Registered Trademark: Requirement of Distinctiveness. Trademark Rep., 58, 378.
5. Belson, J. (2019). Reflections on branding and trade marks: then and now. Journal of Intellectual Property Law & Practice, 14(8), 601-606.
6. Leaffer, M. A. (1998). The new world of international trademark law. Marq. Intell. Prop. L. Rev., 2, 1.
7. Bone, R. G. (2019). Rights and Remedies in Trademark Law: The Curious Distinction Between Trademark Infringement and Unfair Competition. Tex. L. Rev., 98, 1187.
8. Wunsch-Vincent, S. (2008). Trade rules for the digital age. GATS and the Regulation of International Trade in Services, 497-529.
9. Bone, R. G. (2004). Enforcement costs and trademark puzzles. Virginia Law Review, 2099-2185.
10. Cao, Y., Ren, S., & Du, M. (2022). Strategic trademark management: a systematic literature review and prospects for future research. Journal of Brand Management, 29(5), 435-453.
11. Bernstein, D. A. (2005). A case for mediating trademark disputes in the age of expanding brands. Cardozo J. Conflict Resol., 7, 139.
12. Lee, T. R., DeRosia, E. D., & Christensen, G. L. (2009). An Empirical and Consumer Psychology Analysis of Trademark Distinctiveness. Ariz. St. LJ, 41, 1033.
13. Long, D. E. (2013). Resolving Trademark Duality in the Twenty-first Century: Making Trademarks Internet-Ready.
14. Gaba, J. (2020). International Trademark Registration. Supremo Amicus, 21, 456.
15. Feng, X. (2008). A brief discussion on the international registration of corporate trademarks and international trademark management strategies. Commercial Research, (1), 8-11.
Data Availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
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- Volume Title
- Proceedings of the 3rd International Conference on Business and Policy Studies
- ISBN (Print)
- 978-1-83558-281-7
- ISBN (Online)
- 978-1-83558-282-4
- Published Date
- 18 January 2024
- Series
- Advances in Economics, Management and Political Sciences
- ISSN (Print)
- 2754-1169
- ISSN (Online)
- 2754-1177
- DOI
- 10.54254/2754-1169/71/20241277
- Copyright
- 18 January 2024
- Open Access
- This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited