Protecting the Brand

by Talcott J. Franklin

Overview

Brand-name products represent the largest single sector of the U.S. economy, yet there is no simple format in existence to educate people about the rules of trademark.

Product Details

ISBN-13:	9781569802571
Publisher:	Barricade Books, Incorporated
Publication date:	11/28/2003
Pages:	144
Product dimensions:	6.50(w) x 8.52(h) x 0.60(d)

Editorial Reviews

This short, practical guide to the rules of trademark law provides clear definitions of important terms, excellent examples of influential court decisions regarding uses and abuses of trademarks and useful tips on how a company can defend and keep a trademark. Franklin, a lawyer, explains the ins and outs of the U.S. Patent and Trademark Office and the key differences between R, c, TM and SM designations. He continually hammers home the most important points of trademark law, "(1) Always use the mark as an adjective; and (2) Do not confuse the mark with the company name." He makes it very clear why, for example, the Xerox Corporation does not need a trademark designation after its name, but why XeroxR brand copiers do need one. He also provides sample contracts and consent-to-use forms as well as examples of how to use trademarks correctly on business letterhead and cards. Unfortunately, the emphasis on utility makes this read more like a legal textbook than an general study of trademarks. From Franklin's examples, such as how the Duncan Company lost the trademark for its yo-yo toy, it is clear that he could write a much more detailed study of the sometimes strange history of trademarks than is provided here. However, he has managed to pack a wide range of detail into his short survey, and a few humorous observations provide a welcome respite from his "just the facts" approach. (Nov.) Copyright 2003 Reed Business Information.

Publishers Weekly

As companies scramble to differentiate themselves from the competition, branding has been getting a lot of press. But the trademark aspects of brands aren't nearly as well explored or understood. Corporate giants like Xerox and Kimberly-Clark are fighting hard to keep their brands from going the way of aspirin, cornflakes, and the zipper. Franklin, a former American Airlines intellectual property attorney, clearly outlines what managers need to know to protect what can be their companies' most valuable assets-trademarks. Franklin starts with the basics, explaining the distinctions among trademarks, patents, and copyrights. He demonstrates how creating an overall brand strategy, carefully crafting contracts, and monitoring trademark use can successfully keep a company's trademarks out of the public domain. Numerous examples from real trademark dilemmas as well as sample letters and legal documents help illustrate key concepts and add "handbook" practicality to this work. "Tips" sections throughout succinctly summarize the major points. Given the broad appeal of this topic to entrepreneurs, managers, and scholars, this book is recommended for academic as well as larger public libraries.-Carol J. Elsen, Univ. of Wisconsin, Whitewater Copyright 2003 Reed Business Information.

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