table of contents
1. Introduction
2. Concept of brand management
2.1 Brand definition
(1) First position
(2) Second position
(3) Third position
(4) Review
2.2 What is brand management
3. Legal protection of brand
3.1 Legal protection of brand management and brands
Relationship with
3.2 Contents of legal protection of the brand
(1) Protection by trademark law
(2) Protection by unfair competition prevention law etc.
4. in conclusion
1. Introduction
In modern business society, centering on "brand"
Management strategy that has been regarded as one of the important elements of corporate activities
There. Manufacturing technology and service contents of each company are
It matures and antagonizes, and the overwhelming difference in these
In the midst of no longer existed, other brand image
Differentiation from the company is emphasized in the business world
It can be said that it is a natural flow. Everyday efforts of many companies are all
On the one hand, establishing, maintaining and maintaining this brand value
It will not be an overstatement to say that it aims at above.
The importance of the brand to the company, in recent years Blanc
There is also a lively discussion on the value evaluation
it can. M & A which is an effective tool of corporate restructuring
, The problem of capitalization of the brand value on the balance sheet,
Furthermore, in the scene of calculation of brand royalty fee etc., brand
Objective evaluation of value is required, but these are also companies
Show that the brand is in an important position in management
doing.
Of course, the establishment of a high-value brand is usually a short term
It can not be realized with the accumulation of corporate efforts for many years
Although it is the result, blindly if you repeatedly strive for company
It does not mean it. There is a brand-based chief
We need a strategy / plan from the perspective of the period, and here
Brand management has significance.
However, the concept of this "brand management"
There is no fixed theory about the definition, from various viewpoints
Very different opinions are presented. Brand Management
How to construct the concept of ment is practical
Speaking of brand-related corporate strategy measures
Concept of brand management and consideration of legal protection of brand
Patent 2011 Vol.64 No.11-68-
Special feature "trademark"
Hiroaki Mashima *
Concept of brand management
Consideration on legal protection of brand
It is no exaggeration to say that different ideas are given to each idea about the brand concept, but in this paper
Information given along with individual goods and services that "brand" leaks from the entity, related to the other subject's operations
Based on the information given by the consumer, it is defined as an intangible value generated according to the total of the impressions that the consumer holds against them
Right (see Fig. 1). And based on this, brand management is developed, the whole of the impression that the consumer embraces develops
In order to increase the competitive advantage brought about as a result of brand improvement, products and services
It is defined as management activity that manages information related to other work. Brand management can be realized
Since it is the development of management activities on the premise of the existence of the land, protection of the brand (maintenance of brand value) is enough
What we are a starting point for brand management, its legal protection is based on trademark law, unfair competition prevention law, etc.
Thus it is realized.
Abstract
※
Patent attorney, Kibi International University Graduate School of Intellectual Property Studies Associate Professor
In determining the scope of business elements in view
Although it comes down to the question as to whether it should be "brand manager
The lack of common awareness about the concept of "
It will hamper the acceleration of further development and development of the research field
There is.
From this point of view, this paper first outlines the brand definition
Based on this consideration, "Brand Management
Consideration is given to the concept. And with this
In connection with the legal protection of the brand, brand management
Overview the content of legal protection of brand in ment
.
2. Concept of brand management
2.1 Brand definition
The term "brand" generally refers to various nuances
It is used in (1)
, As a type of modern coined word
"Personal brand" called the individual's personal identity called out
Languages that indicate nuances have appeared (2)
. this is,
Due to the rapid spread of the Internet, individuals themselves
Having acquired an environment where information can be disseminated easily for the society
Although it is behind it, in any case it is called a brand
It can be seen that it represents the breadth of the term.
In this paper, the meaning as such a modern coined word
Excluding traditional brand concepts, especially in corporate management
Limited to the academic significance of the brand concept used in
Even if such restrictions are added, Bran
As with the concept of de management, clear "brand"
The definition is not yet established. Brand
Different definitions for each discipline in the field to be studied
It is not an exaggeration to say that it is granted, these
We must start by trying classification and organization.
In this paper, we classified it into three stages as shown below
Overview of the various theories on the definition of.
(1) First position
First of all, the first is a trademark under the trademark law of Japan
It is in a position to capture the same meaning.
The origin of the term brand (Brand) is "
It is English "Burned" meaning "push", my house
The owner pushes brand marks on livestock to identify livestock
It is said to derive from (3)
. The term brand
Originally meant to distinguish between things of others and things of others
Because it is said that it was, we decided to distinguish our own goods and services
Interpretation interpreted as synonymous with the trademark concept under the trademark law as the essence
There is certain rationality (4)
.
On this point, Ono (1999)
(Brand) was originally attached to a barrel or a box, with a roast
It was a word meaning. However, now,
It is used synonymously with RadeMark (trademark). "
It is (5)
.
Brand management committee members of the Japanese trademark association
In the spirit of the establishment of the Association, "The most important asset of the company
Although the expression "brand (trademark)" is used (6)
,
This description is synonymous with trademark under the trademark law brand
It is not necessarily clear whether or not to mean.
"Trademark" referred to here means a trademarked trademark under the trademark law in a strict sense
Not concepts that showed social significance with a constant spread
It may be considered to have been used as a trademark
Even if it means the trademark of the brand simply
We can deny the possibility that "trademark" was listed as an example
Absent.
(2) Second position
Next, the second is to enumerate constituent elements such as letters, figures, etc.
Although it is centered on
Do not get caught up in the brand, give the brand a certain extent
It is the position to be defined, the following view is this standpoint
Belong to the field.
The US Marketing Association says the brand as "a selling
A product or service of a hand is sold to another seller's goods or services
Name, term, design, singularly to distinguish from
Bol, other characteristic things. It is defined as (7)
.
Also, D · A · Arka (1994) said, "A seller
Identify goods or services from a group of sellers
Separate and distinctive to differentiate from that of competitors
Name (like logo, trademark, packaging design)
And / or symbol "(8)
, This brand this
It is defined as "brand equity"
We are advocating a concept. What is brand equity?
Land, brand equity associated with its name and symbol
It means a collection of production and debts, what this concept was advocated
It is said that the discussion on the brand became active with the opportunity
I am (9)
.
Furthermore, the Japan Intellectual Property Association Trademark Committee (2007)
Definition of brand "to enterprise and its products / services
Credit accumulation, company name, symbol marks and products ·
Concept of brand management and consideration of legal protection of brand
Patent 2011 Vol. 64 No. 11 - 69 -
Service trademark "(10)
.
In addition, the Institute of Legislation (2002) of the Ministry of Economy, Trade and Industry
"Companies recognize their products and others as products of competitors
Name, logo, marks for differentiation or differentiation,
Symbol, package design, etc. as a mark
Yes (11)
.
The definition of the brand in these second positions is
The definition of a trademark (mark) under the national trademark law is "character, figure, note
Number, three-dimensional shape "specific components are enumerated
I will do the same thing that I have, but further design and packing
Cage etc. are also listed as elements, brand quotient
Bra better than the first position to be regarded as synonymous with the trademark on the mark
We are widely grasping the concept.
(3) Third position
Thirdly, concrete structural elements such as letters and figures are arranged in columns
Abstract from a more functional aspect as you break out of the form
It is a position to define brand concept to
This is the opinion below.
First, K · L · Keller (2000), "Brand is a product
. However, in order to satisfy the same needs,
To differentiate it in some way from other products that were in
It is a product with a dimension of. Differentiation made in this way
Is reasonable and concrete in terms of product performance
It is pointed out that what is displayed by brand
It is more symbolic, emotional, abstract. "
(12)
.
Next, Ito (2009) brands "products and services
We should be able to recall and associate information on consumers to consumers
It refers to the indication "(13)
.
In addition, Tsurumoto (2007) brand concept "companies themselves
A mark for differentiating the product etc of the company from the product etc. of the competitor
Not only as a chapter, but also each company's stakeholders
It can be an asset conscious of the relationship with a harm-related person ")
It is (14)
.
Okuda (2001) also said, "Brands, especially corporate bra
We will draw a line from regular trademarks, and long-term corporate
Under the prospects, we aligned with the business strategy formulated
As a result of executing brand management, stakeholes
Provide emotional and self-fulfilling value to da
Nombol, as a result of all corporate activities, stakeho
Rudder built it in the heart of the heart, and that company or group as a whole
It can be said that it is a collection of evaluations to hold against. "
(15)
.
In addition, Ogawa (1994), in a contemporary sense Bran
Easily distinguish its own products from other manufacturers
Symbol, mark, design, name etc. "
Right-ended (16)
It seems like it belongs to the second position
, But the content component of the brand is a partial element
A symbol that can be extracted, a logo mark, a character
Micro-necessary such as lactar, color, jingle (music)
Bra and bra that can not be taken out as a partial element
Independent style, their theme, personal
There are two types of macroscopic elements such as nature, etc.
Cross elements also influence consumer lifestyles and values
It is supposed to exert sound (17)
. Style, thematic nature etc.
Macro element is also a content element and position of the brand
Since it is attached, it belongs to the third position practically
it seems to do.
In addition, Saito (2005), Ministry of Economy, Trade and Industry
According to the definition of the Corporate Law Study Group (2002), as described above
"A company identifies its products or the like as a competitor's product or the like
A name for differentiation, a logo, a mark, a symbol
Mark, such as package design, etc. "
Definition that belongs to the field), while defining it as "
We define the brand as "value worth the price"
"In addition," Here "value"
It is the value recognized by customers, "easy to use or durable"
Functional values such as' I use it with security
It is psychological value such as "It is status"
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