Trade Mark Law and Sharing Names
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Trade Mark Law and Sharing Names

Exploring Use of the Same Mark by Multiple Undertakings

Edited by IIanah Simon Fhima

There are a number of points throughout the trade mark system where multiple undertakings share the same name, either unwillingly, or by consent. In this timely book, expert contributors address this controversial issue and identify the various points at which names are shared. This unique book uses both historical and interdisciplinary perspectives, as well as more traditional legal methodology, to examine the practical and theoretical implications of such name sharing for the parties involved. It analyses what can be learned from the sharing process about the nature of the trade mark system and the interests which it protects. General themes relating to the nature and purpose of trade mark law are also discussed.
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Chapter 10: Co-branding

Spyros Maniatis and Stefan Schwarzkopf


Spyros Maniatis and Stefan Schwarzkopf 1. CO-BRANDING AS STRATEGIC ALLIANCE Trade marks enable choice and competition; they allow consumers to distinguish between products and allow businesses that compete by offering rivalling products. Brands, on the other hand, are trade marks with a ‘persona’. They encapsulate images, social values, and emotional attachments. Businesses use brands and branding in order to make their products and services more relevant and attractive for a number of key market stakeholder groups that include not only consumers, but also suppliers, business partners, and retailers. Strong brands help deliver superior customer value and fight off attempts by the competition to capture a firm’s target market. The key to these branding activities is the successful transformation of consumers into brand loyal customers, who feel that their needs, demands, and expectations are not only met but exceeded by their favourite brand.1 In order to make brands meaningful to a larger number of prospective customers and to capitalize on the advantages of a strong existing brand in a new market, businesses are increasingly diversifying their brand- and customer-base. Brands allow them to transfer their customer loyalty into new product markets either on their own or by exploiting synergies with other brand owners; the latter is particularly relevant for the theme of this volume. Various techniques are known in this field and have extensively been analysed in the marketing literature.2 Corporate brand licensing, for example, allows manufacturers to use an existing and well-recognized brand, in a particular field, to market other...

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