Brand and Goodwill: Can They Both Exist with Trademark Protection?

DOI: 10.5176/2301-3710_JMComm14.30

Authors: Dr. Dan Eller and Professor Bill Loving

Abstract:

A brand according to Magid, Cox, and Cox (2006, p. 1) “refers to the variety of marketing techniques that integrate trademarks with a business strategy to create a unique image for the general public.” The development, promotion, and maintenance of brands for products and services may create legal issues for companies and individuals in terms of achieving and maintaining their goodwill in the eyes of the consumer. The role of the trademark is to act as legal protection for that category of property in terms of brand protection for both products and services. While trademark ostensibly protects business interests by restricting the use of marks to businesses that created and used the marks first, the mark, in reality, exists for the benefit of society as a whole and consumers in particular (Magid, Cox, & Cox, 2006). This study used a review of the literature and case law to describe how trademarks are used to protect brands and their subsequent goodwill with consumers in the marketplace. The study concludes by making branding and trademark recommendations and noting the limitations of the study.

Keywords: branding, goodwill, trademark