Discussion Board Replies

Trademarks

Definition:

According to the textbook, Global Business Today, trademarks is the designs and names, often officially registered, by which merchants or manufacturers designate and differentiate their products. (Hill & Hult, 2020)

Summary:

Marking your Trade: Cultural Factors in the Prolongation of Trademarks, by Melnyk, Giarratana, and Torres (2014), explores the different ways in which a trademark is chosen and the prolongation of the use of a trademark if the company chooses not to terminate it. Additionally, it educates the reader on why it is important for global firms to use trademarks to prevent any form of “copycatting” by global competitors. (Melnyk, Giarratana, & Torres, 2014) After careful review of the article chosen, I was able to understand the two types of trademarks, the importance of choosing a trademark, and ways in which different companies make decisions to either prolong the use of their trademark or terminate it.

Discussion:

The aim of a trademark is to ensure that the associative links between elements of the brand design and the brand are unique for consumers. (Melnyk, Giarratana, & Torres, 2014) The article, Marking Your Trade: Cultural Factors in the Prolongation of Trademarks, names the two types of trademarks as “brand-identification and brand-association trademarks.” Brand-identification’s goal is to simplify consumers' efforts in identifying the brand, on the other hand, brand-association is “the informational or design elements that can be used with or without a brand name.” (Melnyk, Giarratana, & Torres, 2014) For instance, brand identification trademarks are brands such as Adidas, Vans, etc. Trademarks such as these are not limited to just the United States, but internationally. Additionally, with choosing to trademark a brand, comes having to spend a significant amount of time and money. When we think of trademarks, we often think of a brand, but do not put much thought into the funds put into trademarking such brand. The monetary side of it is what either prolongs the use of trademarks or terminates it. Melnyk, Giarratana, & Torres (2014) describe how a firm “must file a trademark application for each class of goods/services as well as pay application and renewal fees. Importantly, firms must submit proof of sufficient use in commerce in each of the classes of goods/services in which the trademark is filed.” Because of this, firms or businesses with enough time and money, usually are the ones with prolongated trademarks that are usually renewed after long periods of times without the need of termination. Lastly, trademarks, as we mostly know them, are there for the protection of one’s brand. If hard work and money is put into a brand, of course, a firm would find the need to protect its work and reputation from “copycats.” Unfortunately, there will always be people who take someone else’s brand and rearrange a few things to make it unique to them regardless of such trademarks. Overall, having a trademark, nationally or globally, comes with many obligations in order to continue the success of a brand and its firm. I believe having a trademark is well worth the money and time as it will benefit the brand and add to the success of a business.

Citations:

Crass, D., & Schwiebacher, F. (2017). The importance of trademark protection for product differentiation and innovation. Economia e Politica Industriale, 44(2), 199-220. doi:http://dx.doi.org.ezproxy.liberty.edu/10.1007/s40812-016-0058-1

Melnyk, V., Giarratana, M., & Torres, A. (2014). Marking your trade: Cultural factors in the prolongation of trademarks. Journal of Business Research., 67(4), 478–485. https://doi.org/10.1016/j.jbusres.2013.06.003

Yang, L., Yin, X. and He, Y. (2018), Trademark protection, quality improvement and exports in developing countries. World Econ, 41: 3242-3254. doi:10.1111/twec.12468