Taxing the Trade of the Trade Mark Singhal, Shiv; Agrawal, Anjali; Sakthivel, M
Journal of intellectual property rights,
09/2022, Volume:
27, Issue:
5
Journal Article
Peer reviewed
Trade marks generate recognition to businesses by providing and protecting their distinctive features, among others, in a competitive market. Trade marks, being intangible property, can be ...transferred to third parties by various modes like assignment/ transmission/license. Since, trade marks have the potential to be commercially exploited and thereby attract tax (direct and/or indirect) on its commercial exploitation. This paper highlights the various modes through which trade marks can be commercialised and the implication under both direct and indirect taxation of such commercialisation. The paper also discusses recent issues with respect to the taxation of the income generated from the transfer of trade marks.
Laponite.sup.® is a registered trademark of BYK Additives & Instruments. Throughout the article, the registered trademark symbol should have been used whenever Laponite.sup.® was mentioned.
This book challenges the philosophical foundations of current trademark systems in the USA and the UK. It argues that the process of trademark creation should be transformed to the more practical and ...realistic proposition of co-authorship of trademarks by both the public and trademark owners. The book develops the Economic-Social Planning justification, which departs from the economic argument that trademarks reduce consumer search costs, and then proposes that trademarks should be formul.
The objective of this research is to addresses the effects of digital transformation on value creation through the study of technology entrepreneurship and technological market expansion. This is ...particularly important since both of these concepts are part of the dynamic capabilities that help in embracing digital innovation at a national level. Relevant data from 28 European countries representing development indicators and ease of doing business over a timeframe of 7 years from 2009 to 2015 were analysed to formulate and investigate a new perspective of digital entrepreneurship driven by the concepts of digital transformation and entrepreneurship. To do this, digital transformation has been broken into three categories, namely technology readiness (e.g. ICT investments), digital technology exploration (e.g. research and development) and digital technology exploitation (e.g. patents and trademarks). This research identifies several significant relationships between such constructs, which contribute to the literature and provide key implications for business management and practitioners.
Trademarks differ in breadth and can cover a wide range of categories of goods and services. We draw on real options theory and argue that greater trademark breadth constitutes a valuable real option ...that is associated with higher firm valuation and performance. We analyze a sample of 1510 firms that went public in Europe between 2002 and 2015 and find a positive effect of trademark breadth on initial public offering (IPO) valuation and post-IPO performance. We implement a contingency analysis to contrast real options and signaling theory and find stronger support for the real options perspective.
•We draw on real options theory to explore the impact of trademark breadth on IPO outcomes•Empirical study of 1,510 European IPOs between 2002 and 2015•Trademark breadth is associated with higher IPO valuation and post-IPO performance•We implement a contingency analysis to contrast real options and signaling theory•We perform a wide range of robustness checks and employ instrumental variables
This paper analyzes the effects of patents and trademarks in the financing of start-ups through venture capitalists (VCs). Patents and trademarks signal a start-up's technological and marketing ...capabilities. We find that patents and trademarks not only have direct effects on venture capital financing but also have complementary effects. Start-ups that apply for both patents and trademarks yield higher VC funding than do those firms that apply for only one of the two IP rights. Furthermore, we find that the complementarity between patents and trademarks exists only in initial VC funding rounds. Our results suggest that early-phase start-ups seeking their initial VC funding do best when stressing both their technology and marketing capabilities. Accordingly, entrepreneurship policy should encourage start-ups to build both technological and marketing capabilities.
•Among the first studies to examine patents and trademarks from an integrated view.•There exists a complementarity between patents and trademarks in VC financing.•Complementary effect of the two IP rights brings higher VC valuation to a start-up.•This complementary effect exists only for initial VC funding rounds.•This complementary effect diminishes in later VC funding rounds.
In this original study of intellectual property rights (IPR) in relation to state capacity, Dimitrov analyzes this puzzle by offering the first systematic analysis of all IPR enforcement avenues in ...China, across all IPR subtypes. He shows that the extremely high volume of enforcement provided for copyrights and trademarks is unfortunately of a low quality, and as such serves only to perpetuate IPR violations. In the area of patents, however, he finds a low volume of high-quality enforcement. In light of these findings, the book develops a theory of state capacity that conceptualizes the Chinese state as simultaneously weak and strong. The book draws on extensive fieldwork in China and five other countries, as well as on 10 unique IPR enforcement datasets that exploit previously unexplored sources, including case files of private investigation firms.
Consumers perceive trademarks as commodities due to their exceptional quality attached to the brand. Consistency is established when customers purchase a specific brand, and its appearance is an ...additional driving factor for such a purchase. Due to this emerging understanding, both in the US and in Europe, there is acceptance of the fact that financial concepts for trademark reasoning are insufficient to reflect the present-day functions of trademarks accurately. Trademark's functions have been restructured over the past few decades, which correspond to trademark evolution and expansion of consumer-centric society on the other hand. Given the non-traditional business reality, it is not, at this point, adequate to ignore the propelled elements of trademarks. It is fundamental to comprehend the different reasons for the trademark. In the present financial arrangement, these capacities assume an essential job in the foundation of a trademark. There is a perceivable change witnessed in the market and society, which in turn has influenced the legal landscape. Among these, an overview will be given in this article for the protection offered in the various jurisdictions to these non-conventional (personality) functions of trademarks.
Copycats imitate features of leading brands to free ride on their equity. The prevailing belief is that the more similar copycats are to the leader brand, the more positive their evaluation is, and ...thus the more they free ride. Three studies demonstrate when the reverse holds true: Moderate-similarity copycats are actually evaluated more positively than high-similarity copycats when evaluation takes place comparatively, such as when the leader brand is present rather than absent. The results demonstrate that blatant copycats can be less and subtle copycats can be more perilous than is commonly believed. This finding has implications for marketing theory and practice and trademark law.
Trademark Law Pluralism Hemel, Daniel J.; Ouellette, Lisa Larrimore
The University of Chicago law review,
09/2021, Volume:
88, Issue:
5
Journal Article
Peer reviewed
In recent years, trademark scholars have come to recognize that the supply of words, sounds, and symbols available to designate new goods and services is an exhaustible resource. In certain sectors, ...the most common English words and syllables and the most common U.S. surnames are almost all claimed as marks. Some firms have responded by resorting to ever-more-unusual brand names so as to avoid trademark disputes. Scholars have proposed solutions ranging from raising registration fees to narrowing the scope of trademark rights.
In this Article, we frame trademark law's governance of "linguistic space" as a balancing act between what we term proximity costs and distance costs. Proximity costs, the conventional focus of trademark doctrine, occur when different firms use marks that are close in linguistic space—think Zantac (for heartburn) versus Xanax (for anxiety). Distance costs arise when firms use marks that are difficult to remember because of their length or their far remove from the core of semantic signifiers familiar to most consumers—staying in the medicine cabinet, think Valsartan (for high blood pressure) or Namzaric (for memory loss). Although conceptually different, proximity costs and distance costs both create similar practical problems. Both make it more difficult for consumers to purchase and communicate about brands, and both make it harder for new entrants to establish and defend their market share.
Our proximity-distance framing has conceptual payoffs for trademark law. We explain why responses to the crowding of linguistic space internal to trademark law cannot escape some tradeoff between proximity costs and distance costs. Allowing mark holders to control a larger swath of linguistic space reduces proximity costs, but at the expense of pushing other firms to the periphery of linguistic space, increasing distance costs. Similarly, weakening trademark protection to allow more firms to locate their marks in the linguistic core reduces distance costs, but with some increase in proximity costs. Our framing thus shows how the policy problems of trademark law parallel the challenges of managing scarcity in real property. As we draw inspiration from solutions to urban congestion and sprawl, we suggest how non-trademark interventions can lead to more efficient use of linguistic space, promoting product identification without raising proximity or distance costs. Our approach thus points to the possibility of using a plurality of legal and policy tools to address the proximity-distance dilemma at trademark law's heart. And by relieving some of the pressure on trademark law to resolve the proximity-distance dilemma on its own, our approach frees trademark law to pursue a wider range of goals and to vindicate a broader variety of values.
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