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Understanding true economic value of trademarks

Every day bil­lions of peo­ple are engag­ing with brands and trade­marks. You can eas­i­ly be exposed to thou­sands of brands on the way to work alone. Yet most peo­ple are unaware that under­ly­ing a strong brand is a strong trade­mark.

Lack of knowl­edge between the cor­re­la­tion of brands and trade­marks is one of the pri­ma­ry rea­sons why trade­marks are often mis­un­der­stood by the pub­lic at large. Trade­marks are one of the most valu­able “intan­gi­ble” assets a com­pa­ny owns – they can be con­fus­ing. We need to demys­ti­fy trade­marks and the role they play in the devel­op­ment of brands and the pro­tec­tion of con­sumers.

We also need to encour­age law­mak­ers world­wide to pay clos­er atten­tion to trade­mark mat­ters, and raise the pro­file of trade­marks and relat­ed intel­lec­tu­al prop­er­ty (IP) to busi­ness, con­sumers and glob­al trade.

Trademarks explained

What is a trade­mark? It is a legal right. It is any word, name, sym­bol or device (or any com­bi­na­tion) that iden­ti­fies and dis­tin­guish­es the source of the goods of one com­pa­ny from those of oth­ers.

For con­sumers, trade­marks help to pro­mote free­dom of choice, and enable quick and safe pur­chas­ing deci­sions. They also fuel com­pe­ti­tion, dri­ve inno­va­tion and play a crit­i­cal role in con­sumer pro­tec­tion.

We need to encour­age law­mak­ers world­wide to pay clos­er atten­tion to trade­mark mat­ters, and raise the pro­file of trade­marks and relat­ed intel­lec­tu­al prop­er­ty to busi­ness, con­sumers and glob­al trade

IP-inten­sive indus­tries – those hav­ing an above-aver­age use of IP rights per employ­ee – sup­port mil­lions of jobs across mul­ti­ple sec­tors. More­over, these jobs have notably high­er wages than those in non-IP indus­tries – 40 per cent high­er in the EU and 42 per cent high­er in the Unit­ed States.

These were the find­ings of sep­a­rate stud­ies pub­lished by the EU and US IP Offices in 2013 and 2012 respec­tive­ly. The same stud­ies found that IP-inten­sive indus­tries account­ed for 39 per cent of the EU GDP (worth €4.7 tril­lion) and 34.8 per cent of US GDP ($5.06 tril­lion).

Transparency and emotional connection

While con­sumers are not usu­al­ly think­ing about how trade­marks are inform­ing their pur­chas­ing deci­sions, they are increas­ing­ly brand con­scious. Con­sumers are also demand­ing greater trans­paren­cy and social respon­si­bil­i­ty from the brands they buy.

A recent Gallup poll report­ed that “con­sumers will give more mon­ey to the busi­ness­es they feel emo­tion­al­ly con­nect­ed to”. Today, shop­pers wish to engage the brands they sup­port. They also expect more from brands as cor­po­rate cit­i­zens. Over half the con­sumers sur­veyed in a 2014 Niel­son Glob­al Sur­vey on Cor­po­rate Social Respon­si­bil­i­ty chose to buy from brands that demon­strat­ed a com­mit­ment to pos­i­tive social and envi­ron­men­tal impact.

Trade­marks pro­tect con­sumers, pro­vide end­less oppor­tu­ni­ties to pro­mote and encour­age inno­va­tion and ideas, increase jobs and fuel glob­al eco­nom­ic growth. Trade­marks also pro­vide the legal frame­work for a strong brand.

Con­sumers’ affin­i­ty to brands pro­vides an oppor­tu­ni­ty for edu­ca­tion about trade­marks and IP. At the same time, it is cru­cial that our law­mak­ers val­ue IP when look­ing at issues such as coun­ter­feit­ing and enforce­ment, inno­va­tion-incen­tive reg­u­la­tions, con­sumer pro­tec­tion, and the econ­o­my.