Excessive Trade Mark Protection and Brand Protection

Recent research has indicated that excessive trade mark protection that prevents new firms from effectively communicating to customers may reduce market efficiency and prevent information from spreading rapidly through the marketplace.[1]  “Economics clearly shows that there is a trade-off to trade mark protection and more trade mark protection is not necessarily a good thing for society”.[2] Economic analysis  does show that increased trade mark protection is not desirable for consumers and may have an averse effect and reduce information flows rather than increase the flow.[3]

My view [Tracy Sweeny] is that trade mark protection needs to provide a balance of the competing interests of trade marks owners and others in the market place. Any balance must be adjusted on common sense grounds, that is to provide sufficient trade mark protection to prevent copying and riding on the back of well known brands and at the same time allow for new players in the market place to use the sphere around trade mark owners and carve out their own ground. Parody and criticism must be an exception to dilution law if we are to protect free speech. Brands worth Licensing is the key. Brandsworth Licensing

Some of the emerging trends in trade marks are firstly, the complex and sophisticiation of products, such as certification and collective marks are becoming more predominant such as the “Intel inside” trade mark.[4]

Secondly, the important of the internet as a tool, particularly in advertising and marketing. Consumers are extremely brand conscious especially in the digital world and rely heavily on identifying suppliers of products and services. Finally the emergence of global


[1] Folie, A. and King, S.P. “Trade-offs in trade mark protection – an economic analysis” (2004) 15 AIPJ p. 87

[2] Ibid p. 93

[3] ibid

[4] Tucker, P. op cit p. 129

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Filed under Brandsworth Licensing, Intellectual Property Law, Trade Marks Law

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