The Study Of Corporate Trademark Operation’s Legal Risk Control And Management Mechanism

Under the brand economy and knowledge economy, products and technology alone can not meet the needs of the corporate competition in the market, intellectual property strategy based trademark and patent has become an important competitive strategy.Today, the trademark has broken through the traditional distinction functions, with variety of important commercial value such as the development of the market,curbing competitor, expanding and occupying market.Trademark is an important foundation for corporates to carry out the strategy of brand, trademark operation ability reflects corporate s’ brand operation ability. But the practice of most corporates’ operating trademark stays in passive defense stage, instead of operating trademark systematically from a strategic height, from the perspective of value creation, let alone to establish perfect trademark operation mode and mechanism. This is clearly inconsistent with the implementation of corporate intellectual property strategy.In addition, trademark has legal attributes, trademark operations will face more legal risk, and legal risk become the important influence factors affecting corporates to create trademark value. But in practice, the majority of corporates in the trademark operations did not initiate legal risk prevention, and responded passively at the time of the outbreak of legal risk, thus making it’s trademark become other’s. Therefore, it is necessary to rise the trademark operation to strategic height, and analyze the types and the causes of the legal risks, as well as the factors that influence result according to different trademark operation mode, and build corporate trademark operation legal risk control mechanism.This paper discusses corporate trademark operation mode from the angle of business model, and draw conclusions by analysis of trademark operation practices of Coca-Cola, Tianfu Coca; Shiseido, Jahwa; Nestle and Wahaha. This study finds that corporates mainly faces contractual risk and illegal risk in trademark operation, and Law and trademark consciousness is weak and lack of internal mechanism is the main cause. From the law and the trademark consciousness, legal risk warning mechanism, internal trademark operating mechanism and so on to build the enterprise trademark operation legal risk control mechanism. This paper will provide a theoretical basis and guidance for corporate trademark operations, improve corporates’ initiative and enthusiasm of operating trademark, and reduce their legal risk levels, thereby enhancing the competitiveness of our corporate brand.The article introduces the background and problem、significance and purpose and innovation of this study to highlight the importance of this study firstly. Secondly, the trademark theory, the business model theory, the theory of corporate legal risks are reviewed, and rise research question based on the lack of existing research. Then, divide and define corporate trademark operation mode using logical thinking and business model theory. Finally, build corporate trademark operation legal risk management and control mechanisms based on the sample cases’ trademarks operational practices.