Research on the Differences Between the Laws Designed to Protect Brands and Traditional Trademark Laws

Abstract

Brand protection is an important and challenging issue in the contemporary market, as brands are valuable and influential intangible assets that create and sustain competitive advantage. However, there is a lack of a clear and comprehensive legal category that can adequately address the diverse and complex aspects of brand protection. This paper aims to explore how a law designed to protect brands might differ from traditional trademark law, which mainly focuses on the registration and protection of distinctive signs that identify the source and quality of goods or services. The paper adopts a qualitative and comparative approach, using online sources, such as web articles, research papers, and guides, as well as examples of famous brands and cases, to illustrate and analyze the possible ways, characteristics, challenges, and benefits of brand protection. The paper concludes that brand protection is a useful or viable legal category that recognizes and respects the value and importance of brands as intangible assets that create and sustain competitive advantage in the market, adapts and innovates to changing market trends, consumer preferences, and competitive forces, and harmonizes and cooperates with the existing trademark laws and standards across different countries and regions.