By Aggeliki – Myrsini Spiliopoulou,
Giving a definition to the term “trademark” is quite difficult, but not impossible. In order to understand its concept, we must think of familiar brands and observe their uniqueness. Some of them consist of words, sounds, signs, numbers, phrases, or even elements such as the shape of products, distinctive colors, etc. These marks may differ in form, but they share a common characteristic: they can be clearly described in writing. Otherwise, not only would they be unable to become well-known in the market, but they also could not be registered or benefit from legal protection.
A trademark must be distinctive in order to differentiate a service or a product from others thay may be similar but not identical. This may mistakenly seem equivalent to a company’s name, as both aim to create distinction. However, they are not the same: a trademark does not refer to the company itself but to the group of products or services it offers. This enables consumers to choose products more familiar to them with bigger recognition, associated with certain known characteristics, as the brand connects them to the company and its reputation. This function of a trademark also has a secondary effect: it motivates marketers to link their products with quality and a positive reputation, thereby enhancing their presence in the market. Producers, in their search for customers, know that their goods are distinguished, and they aim for those goods to be viewed favorably. Even a small number of defective products or poor services can negatively affect consumer opinion and reduce the company’s market share. This pressure benefits consumers and the free market, as it pushes producers to outperform their competitors by improving their offerings.
The ability of each company to influence consumers through the quality of its products exists only because of the uniqueness of its trademark. At the same time, consumers may also be drawn to the trademark itself as a symbol of the brand. Trademarks are created not only to identify the products but also to promote them, functioning as a form of advertisement. It is logical to assume that an imaginative logo will gain more recognition than a plain one that merely states the product. The fact that the symbol itself can carry advertising power gives it economic value in in its own right.
Additionally, trademarks provide companies with a valuable tool to protect their products from imitation. The violation of laws protecting trademarks carries significant economic penalties for offenders, and numerous mechanisms ensure the effectiveness of this framework. The possibility of registering a trademark to ensure its protection, along with the existence of conventions such as the T.F.E.U., which aim to combat antitrust practices and protect the free market, underline the importance of trademarks.
To conclude, trademarks are not merely “names” placed on products as a form of identification—they represent something more. They give a product visual and symbolic strength, making it more appealing to consumers, helping it establish a presence in the marketplace, and reinforcing the company’s market share. This benefits not only the producer but also the entire market and individual consumers: competition is enhanced in a healthy way, and as a result, consumers may develop a stronger, more personal connection with the products they choose.
Reference
- Αντωνόπουλος, Β, Γιοβαννόπουλος, Ρ, Κοτσίρης, Λ,. «Δίκαιο Διανοητικής Ιδιοκτησίας, Βιομηχανική- Πνευματική». Eκδόσεις Σάκκουλα. Θεσσαλονίκη. 2015.
