Before examining national brands and private labels in detail, it is necessary to define the overarching concept of a brand. According to Sect. 3, Paragraph 1 of the Trademark Act (MarkenG), a brand may consist of “[…] any signs, in particular words including personal names, images, letters, numbers, sounds, three-dimensional shapes including the shape of goods or their packaging, as well as other presentations including colors and color combinations, that are capable of distinguishing the goods or services of one enterprise from those of other enterprises.” Thus, the MarkenG describes a brand as an object of legal protection.

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State of the Academic Discussion on the Competition Between National Brands and Private Labels in the Grocery Retail Sector

  • Philipp Brüggemann

摘要

Before examining national brands and private labels in detail, it is necessary to define the overarching concept of a brand. According to Sect. 3, Paragraph 1 of the Trademark Act (MarkenG), a brand may consist of “[…] any signs, in particular words including personal names, images, letters, numbers, sounds, three-dimensional shapes including the shape of goods or their packaging, as well as other presentations including colors and color combinations, that are capable of distinguishing the goods or services of one enterprise from those of other enterprises.” Thus, the MarkenG describes a brand as an object of legal protection.