IDEAS home Printed from https://ideas.repec.org/a/cmj/seapas/y2020i22p75-83.html
   My bibliography  Save this article

The Theoretical Grounds For The Provision Of Trademark’S Protection

Author

Listed:
  • Mohammad ALFAOURI

    (University of Debrecen Faculty of law and political science, Hungary)

  • Fahed WAHDANI

    (University of Debrecen Faculty of law and political science, Hungary)

Abstract

The paper aimed to explore the theoretical grounds for the provision of trademark protection based on the dilution theory and economic-social planning theory with shedding a light on famous, non-famous and luxury trademarks. Based on the economic-social-planning theory, it’s necessary to protect all trademarks because there are economic and social benefits derived from providing such protection. Such benefits include: saving the searching cost incurred by the customer for searching for products that meet their needs. The study concluded that the counterfeited non-famous trademarks can be protected by the customer confusion’s calming. According to that study it can be concluded that trademark owner shall claim that customers will not be able to distinguish between the product of the original non-famous trademark and product of the fake trademark in case that the famous trademarks are counterfeited, it can be protected by dilution’s claiming, but not confusion due to the fact the customers can distinguish between the product of the original famous trademark and the fake one. However, the owner must prove that the trademark is famous. Luxury trademarks can be protected through anti-dilution protection methods by default.

Suggested Citation

  • Mohammad ALFAOURI & Fahed WAHDANI, 2020. "The Theoretical Grounds For The Provision Of Trademark’S Protection," SEA - Practical Application of Science, Romanian Foundation for Business Intelligence, Editorial Department, issue 22, pages 75-83, May.
    • Handle: RePEc:cmj:seapas:y:2020:i:22:p:75-83
    as

    Download full text from publisher

    File URL: http://seaopenresearch.eu/Journals/articles/SPAS_22_9.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. J-N Kaprfere & Pierre Valette-Florence, 2016. "Beyond rarity : the paths of luxury desire : How luxury brands grow yet remain desirable," Post-Print halshs-01374065, HAL.
    2. DUBOIS, Bernard & LAURENT, Gilles & CZELLAR, Sandor, 2001. "Consumer rapport to luxury : Analyzing complex and ambivalent attitudes," HEC Research Papers Series 736, HEC Paris.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Ko, Eunju & Costello, John P. & Taylor, Charles R., 2019. "What is a luxury brand? A new definition and review of the literature," Journal of Business Research, Elsevier, vol. 99(C), pages 405-413.
    2. Nobre, Helena & Simões, Cláudia, 2019. "NewLux Brand Relationship Scale: Capturing the scope of mass-consumed luxury brand relationships," Journal of Business Research, Elsevier, vol. 102(C), pages 328-338.
    3. Javier F. de la Ballina & Isabel de la Ballina, 2019. "Scarcity as a Desirable Attribute of Luxury Fashion Brands in Millennial Marketing," Tržište/Market, Faculty of Economics and Business, University of Zagreb, vol. 31(2), pages 153-170.
    4. F. Magnoni & Elyette Roux, 2011. "Stretching a luxury brand down: An experimental study of core brand dilution effects," Post-Print halshs-00644899, HAL.
    5. Sindy Liu & Patsy Perry & Gregory Gadzinski, 2019. "The implications of digital marketing on WeChat for luxury fashion brands in China," Journal of Brand Management, Palgrave Macmillan, vol. 26(4), pages 395-409, July.
    6. Francisco J. Conejo & Lawrence F. Cunningham & Clifford E. Young, 2020. "Revisiting the Brand Luxury Index: new empirical evidence and future directions," Journal of Brand Management, Palgrave Macmillan, vol. 27(1), pages 108-122, January.
    7. Malone, Sheila & Tynan, Caroline & McKechnie, Sally, 2023. "Unconventional luxury: The reappropriation of time and substance," Journal of Business Research, Elsevier, vol. 163(C).
    8. Sharma, Amalesh & Soni, Mauli & Borah, Sourav Bikash & Haque, Tanjum, 2022. "From silos to synergies: A systematic review of luxury in marketing research," Journal of Business Research, Elsevier, vol. 139(C), pages 893-907.
    9. Rizwan Raheem Ahmed & Erum Zahoor Zaidi & Syed Hasnain Alam & Dalia Streimikiene & Vishnu Parmar, 2023. "Effect of Social Media Marketing of Luxury Brands on Brand Equity, Customer Equity and Customer Purchase Intention," The AMFITEATRU ECONOMIC journal, Academy of Economic Studies - Bucharest, Romania, vol. 25(62), pages 265-265, February.
    10. Seo, Yuri & Buchanan-Oliver, Margo, 2019. "Constructing a typology of luxury brand consumption practices," Journal of Business Research, Elsevier, vol. 99(C), pages 414-421.
    11. Klaus Heine & Glyn Atwal & Sandrine Crener-Ricard & Michel Phan, 2018. "Personality-driven luxury brand management," Journal of Brand Management, Palgrave Macmillan, vol. 25(5), pages 474-487, September.
    12. repec:dau:papers:123456789/14326 is not listed on IDEAS
    13. Michaela Merk & Géraldine Michel, 2019. "The dark side of salesperson brand identification in the luxury sector: When brand orientation generates management issues and negative customer perception," Post-Print hal-02045833, HAL.
    14. Daouda Coulibaly & Oliviane Brodin & Richard Ladwein, 2011. "Marques de luxe, logique identitaire, contrefaçon et risque de bannissement communautaire : le cas des « Sapeurs » noirs africains," Post-Print hal-03350318, HAL.
    15. Stępień Beata & Lima Ana Pinto & Hinner Michael, 2018. "Are Millennials a Global Cohort? Evidence from the Luxury Goods Sector," Journal of Intercultural Management, Sciendo, vol. 10(2), pages 139-158, June.
    16. Rajesh Sharma, 2020. "Building Consumer-based Brand Equity for Fast Fashion Apparel Brands in the Indian Consumer Market," Management and Labour Studies, XLRI Jamshedpur, School of Business Management & Human Resources, vol. 45(3), pages 337-365, August.
    17. Virginie de Barnier & Sandrine Falcy & Pierre Valette-Florence, 2012. "Do consumers perceive three levels of luxury? A comparison of accessible, intermediate and inaccessible luxury brands," Post-Print halshs-00786023, HAL.
    18. Hansen, Jochim & Wänke, Michaela, 2011. "The abstractness of luxury," Journal of Economic Psychology, Elsevier, vol. 32(5), pages 789-796.
    19. Karatzas, Stelios & Kapoulas, Alexandros & Priporas, Constantinos Vasilios, 2019. "Consumers' perceptions on complexity and prospects of ethical luxury: Qualitative insights from Taiwan," Australasian marketing journal, Elsevier, vol. 27(4), pages 224-232.
    20. Haase, Janina & Wiedmann, Klaus-Peter, 2020. "The implicit sensory association test (ISAT): A measurement approach for sensory perception," Journal of Business Research, Elsevier, vol. 109(C), pages 236-245.
    21. Stępień Beata, 2018. "Snobbish Bandwagoners: Ambiguity of Luxury Goods’ Perception," Journal of Management and Business Administration. Central Europe, Sciendo, vol. 26(1), pages 79-99, March.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:cmj:seapas:y:2020:i:22:p:75-83. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Serghie Dan (email available below). General contact details of provider: https://seaopenresearch.eu/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.