Worldwide Trademark Protection: Coverage versus Costs

By: John L. DuPré

IAM magazine

When it comes to international trademark protection, business people are rightfully concerned about two things. The first is having protection in countries where it is critical to safeguard the use of important marks; the second is paying thousands of dollars for protection in places where this cost is simply not justified. This chapter focuses on how to can make an intelligent determination of an appropriate level of protection and the considerations that go into that determination.

Companies involved in international commerce find that trademarks can play an important role in their success as they expand their markets from country to country. Trademarks can create strong and consistent messages in the minds of consumers and can signify a high level of quality for the products and services being provided. Once a trademark has been established in the minds of consumers, it carries with it a wide array of information regarding the producer, the nature and type of product and the expected level of quality. With the increasing mobility of consumers across international lines, established trademark significance can be one of the most important factors in a company’s success as it attempts to expand the range of its sales.

It is clear, for example, that when McDonald’s opens a restaurant in Taiwan, it is relying on the recognition of its trademarks in the minds of travellers to Taiwan from other countries, as well as in the minds of travellers from Taiwan who have seen the mark and experienced McDonald’s in other countries. By themselves, trademarks can perform a significant amount of marketing without requiring rights holders to engage in expensive print or media marketing: secondary meanings are evoked in the minds of consumers at a cost that is significantly less than a marketing campaign.

This article was first published in IP Value 2011. To view the entire publication in full, please visit www.iam-magazine.com.


 

Overview

By: John L. DuPré

IAM magazine

When it comes to international trademark protection, business people are rightfully concerned about two things. The first is having protection in countries where it is critical to safeguard the use of important marks; the second is paying thousands of dollars for protection in places where this cost is simply not justified. This chapter focuses on how to can make an intelligent determination of an appropriate level of protection and the considerations that go into that determination.

Companies involved in international commerce find that trademarks can play an important role in their success as they expand their markets from country to country. Trademarks can create strong and consistent messages in the minds of consumers and can signify a high level of quality for the products and services being provided. Once a trademark has been established in the minds of consumers, it carries with it a wide array of information regarding the producer, the nature and type of product and the expected level of quality. With the increasing mobility of consumers across international lines, established trademark significance can be one of the most important factors in a company’s success as it attempts to expand the range of its sales.

It is clear, for example, that when McDonald’s opens a restaurant in Taiwan, it is relying on the recognition of its trademarks in the minds of travellers to Taiwan from other countries, as well as in the minds of travellers from Taiwan who have seen the mark and experienced McDonald’s in other countries. By themselves, trademarks can perform a significant amount of marketing without requiring rights holders to engage in expensive print or media marketing: secondary meanings are evoked in the minds of consumers at a cost that is significantly less than a marketing campaign.

This article was first published in IP Value 2011. To view the entire publication in full, please visit www.iam-magazine.com.


 

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