WELL-KNOWN TRADEMARKS


Building a trademark is similar to bringing up a child. As parents devote their time and incur expenses to invest in the development of their child, expecting that this investment will bring profi t in the future, from the very beginning owners of a trademark take care of its development to ensure that it achieves the status of a renowned mark.


T e fi nancial investments made by a trademark owner from the outset include promoting the mark, advertising and marketing it and improving the quality of the goods and services designated by the trademark.


Assessment of whether a trademark has really achieved the status of a renowned mark depends on numerous factors. Apart from the degree of awareness among consumers, other factors are also taken into account, such as:


• Market share (both in quantity and value of the sold goods), scope and duration of advertising of a product protected by the mark;


• Territorial www.worldipreview.com and trademark’s use; time range of the


• Licences granted for use of the trademark; • Quality of the designated goods;


• Valuation of the mark by independent fi nancial institutions;


• Amount of expense on promotion of the trademark;


• Price in relation to substitute goods; and


• Whether the trademark is used by the third parties.


All the abovementioned factors are important for assessing an earlier trademark’s reputation, which may be damaged by the later use of identical or similar marks (judgment of Supreme Administrative Court of 21/11/2006, fi le number II GSK 181/06). When a trademark becomes well-known among consumers of the goods and services designated by the trademark, protecting its reputation becomes the key aim. It is no wonder that aſt er making massive fi nancial investments, trademark owners seek to protect their trademarks’ distinctiveness and stop them being tarnished.


Trademarks Brands and the Internet Volume 2, Issue 3 29


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