Finding Your Identity and Partner in a Trade Mark? Consumption, Innovation and the Law

Area of Science:

• Intellectual Property Law
• Consumer Psychology
• Innovation Studies

Background:

• Traditionally, trade marks are protected without requiring innovation, serving primarily to indicate product/service source.
• Consumer ability to identify sources incentivizes traders to compete via innovation.
• This study explores an underexplored link between trade marks and innovation.

Purpose of the Study:

• To argue that trade marks implicate innovation through consumer-brand relationships.
• To examine how identity characteristics and personality traits of trade marks influence corporate innovation.
• To explore the implications for trade mark law theory and practice.

Main Methods:

• Conceptual analysis of trade mark function beyond source identification.
• Exploration of consumer-brand relationships as identity-related or partner-like.
• Analysis of corporate incentives to innovate based on consumer-brand dynamics.

Main Results:

• Consumption can be based on trade mark identity and personality traits, fostering consumer-brand relationships.
• Companies are incentivized to innovate in alignment with these perceived trade mark characteristics.
• Failure to align innovation with brand identity can lead to negative consumer reactions and relationship dissolution.

Conclusions:

• Trade marks play a crucial role in driving innovation by shaping consumer-brand relationships.
• Corporate innovation strategies must consider the identity and personality dimensions of their brands.
• This perspective necessitates a re-evaluation of trade mark law theory and practice regarding innovation.