The Problems of Trademark Depletion and Congestion: Some Possible Reforms

The Problems of Trademark Depletion and Congestion: Some Possible Reforms

Files

Description

This chapter reviews empirical evidence showing that “[t]he supply of competitively effective trademarks is, in fact, exhaustible and has already reached severe levels of” trademark depletion and trademark congestion. “Trademark depletion is the process by which a decreasing number of potential trademarks remain unclaimed by any trademark owner. By contrast, trademark congestion is the process by which an already-claimed mark is claimed by an increasing number of different trademark owners.” To combat these issues, this chapter ends by offering multiple trademark law and policy reforms.

Source Publication

Research Handbook on Trademark Law Reform

Source Editors/Authors

Graeme B. Dinwoodie, Mark D. Janis

Publication Date

2021

The Problems of Trademark Depletion and Congestion: Some Possible Reforms

Share

COinS