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109-641: Honda marketed the Crossroad (model code LJ , stylized as Cro$ $ road) in the Japanese market from October 13, 1993 to 1998 — as a rebadged Land Rover Discovery Series I . To date, the Crossroad is the only production vehicle sold by Honda to ever have a V8 engine. The 3.9-liter Rover unit produces 180 PS (132 kW) at 4,750 rpm. The Crossroad was introduced to compete with popular off-roaders offered by Toyota, Isuzu, Nissan and Mitsubishi;

218-592: A "first-to-file" system, which grants rights to the first entity to register the mark. However, well-known trademarks are an exception, as they may receive protection even without registration. In contrast, a few countries, like the United States, Canada, and Australia, follow a "first-to-use" or hybrid system, where using the mark in commerce can establish certain rights, even without registration. However, registration in these countries still provides stronger legal protection and enforcement. For example, in

327-777: A "premium" marque, Volkswagen often introduces new technologies in Audi-branded cars before fitting them to mainstream products (such as the Direct-Shift Gearbox ). In production, platform sharing is used extensively, with the modular MQB platform underpinning a range of vehicles from the Audi A1 to the Volkswagen Atlas . The previous D platform of the 2000s was used for the Volkswagen Phaeton and Bentley Continental GT (built in steel) and

436-513: A Chrysler interior. For the 1989 model year, Toyota and Nissan introduced the Lexus and Infiniti luxury brands in the United States (following the Acura luxury brand of Honda) with the all-new Lexus LS400 and Infiniti Q45 full-size sedans. Both brands expanded their model line for 1990, sourcing an existing model line from the Japanese market to rebrand as an entry-level offering. The Lexus ES250

545-470: A Chrysler powertrain, the Routan received its own styling and content features as well as a standard "sportier suspension and steering". In Japan, automobile manufacturers differed in the marketing of their product ranges. In contrast to marketing a single vehicle under multiple brand names (with minor changes to exterior bodywork), Japanese manufacturers marketed vehicles through multiple sales networks, with

654-695: A Japanese-market Toyota (Toyota Vista/Windom) and its chassis and engine with the Camry, the ES300 shared no resemblance to the American-market Camry. Infiniti moved away from a two-door coupe entirely, replacing the M30 with the four-door J30 ( Nissan Leopard J Ferie in Japan). Trademark A trademark (also written trade mark or trade-mark ) is a form of intellectual property that consists of

763-612: A car through each brand; for example, the Chevrolet Tahoe, GMC Yukon, and Cadillac Escalade each share a common body. In another example, the same model is rebadged when it is sold in different regions and markets. In Australia, during the 1980s and 1990s, the Button car plan required imported Nissans and Toyotas to adopt Ford and Holden (GM) nameplates. In the United Kingdom, Opel-produced vehicles are marketed under

872-707: A common platform to produce the American version of the Odyssey minivan, also underpinning the Honda Pilot and Honda Passport SUVs, the Acura MDX CUV, and the Honda Ridgeline mid-size pickup truck. Although intended to save development costs by spreading design and research costs over several vehicles, rebadging can also become problematic if not implemented properly. Using multiple car brands under

981-444: A company or product. A trademark, by contrast, offers legal protection for a brand with enforceable rights over the brand's identity and distinguishing elements. Trademark law is designed to fulfill the public policy objective of consumer protection , by preventing the public from being misled as to the origin or quality of a product or service. By identifying the commercial source of products and services, trademarks facilitate

1090-467: A competitor uses the same or a confusingly similar trademark for the same or similar products in a jurisdiction where the trademark is protected. This concept is recognized in many jurisdictions, including the United States, the European Union, and other countries, though specific legal standards may vary. To establish trademark infringement in court, the plaintiff generally must show: Trademark

1199-739: A distinct vehicle being sold under various model nameplates (from a single manufacturer). Toyota marketed the Corolla in Japan exclusively at Toyota Corolla Store locations; at Toyota Auto Store locations, it was named the Toyota Sprinter . Nissan sold the Nissan Cedric through its Nissan Bluebird Store network, with the identical Nissan Gloria through the Nissan Prince Store network. Honda previously marketed

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1308-630: A distinctive label or ticket'. In the United States , Congress first attempted to establish a federal trademark regime in 1870. This statute purported to be an exercise of Congress' Copyright Clause powers. However, the Supreme Court struck down the 1870 statute in the Trade-Mark Cases later on in the decade. In 1881, Congress passed a new trademark act, this time according to its Commerce Clause powers. Congress revised

1417-561: A five-passenger interior. Coinciding with the 1998 Daimler-Chrysler merger, the Eagle brand was discontinued; the singular Jeep brand was integrated as part of Chrysler or Dodge dealership networks. The Chrysler 300M was originally developed as a second generation of the Eagle Vision; following the discontinuation of Eagle, the vehicle continued into production as a Chrysler model, adopting a slightly restyled grille, Chrysler badging, and

1526-437: A generic product or service name. They should stand out from the surrounding text using capital letters, bold type, italics, color, underlining, quotation marks, or a unique stylized format. For example, say “LEGO® toy blocks” instead of “Lego’s.” A trademark may be designated by the following symbols: While ™ and ℠ apply to unregistered marks (™ for goods and ℠ for services), the ® symbol indicates official registration with

1635-541: A joint venture with a local manufacturer to manufacture automobiles in the country. Prior to 2022, the Chinese government dictates that no more than two joint ventures are allowed for each foreign investor. Larger foreign manufacturers often set up two joint ventures to maximize the market reach, including Toyota ( FAW Toyota and GAC Toyota ), Ford (JMC-Ford and Changan Ford ), Volkswagen ( SAIC-VW and FAW-VW ) and Honda ( Dongfeng Honda and Guangqi Honda ). To distribute

1744-609: A loss of rights in the trademark. It is still possible to make significant changes to the underlying goods or services during a sale without jeopardizing the trademark, but companies will often contract with the sellers to help transition the mark and goods or services to the new owners to ensure continuity of the trademark. Trademarks are often confused with patents and copyrights . Although all three laws protect forms of intangible property, collectively known as intellectual property (IP), they each have different purposes and objectives: Among these types of IP, only trademark law offers

1853-501: A model to carry over to its rebadged model counterparts. Through the 2000s, the American Big Three automakers reduced their brand footprint by closing or selling underperforming brands. After 2001, Chrysler discontinued its Plymouth brand (following the closure of Eagle in 1998). In response to the late 2000s recession, Ford ended its ownership of Jaguar , Land Rover , Aston Martin , and Volvo Cars ; in 2010, Mercury

1962-459: A new (five-door) ES model was released, with additional equipment including full leather, double electric sunroofs, cruise control, and a separate air conditioning system for the rear seat. In March 1996, Honda announced a 25-percent price reduction for the base V8i model along with some equipment cuts, such as removing the third row of seats, making the car a five-seater. The model code was changed to LJJ at this time. Problems had emerged regarding

2071-411: A new model or brand (at high cost or risk), a manufacturer creates a distinct automobile by applying a new "badge" or trademark (brand, logo, or manufacturer's name/make/marque) to an existing product line. Rebadging is also known as rebranding and badge engineering ; the latter is an intentionally ironic misnomer in that little or no actual engineering takes place. The term originated with

2180-401: A result, Honda was reluctant to offer larger vehicles without technological breakthrough. On August 25, 2010, Honda announced the discontinuation of the Crossroad. Badge engineering In the automotive industry , rebadging is a form of market segmentation used by automobile manufacturers around the world. To allow for product differentiation without designing or engineering

2289-587: A revised version of their product through an OEM deal, as with Volkswagen marketing a modified version of the Dodge Caravan and Chrysler Town and Country minivans as the Volkswagen Routan (2009–2014). Another example was the joint venture of Mitsubishi and Chrysler that resulted in vehicles produced by Diamond-Star Motors that were marketed under various nameplates from 1985 until 1993. In China, foreign manufacturers were required to form

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2398-768: A sedan, hatchback, or SUV/CUV body designs. Automotive industry rebadging can be compared with white-label products in other consumer goods industries, such as consumer electronics and power tools . The first case of badge engineering appeared in 1917 with the Texan automobile assembled in Fort Worth, Texas, that made use of Elcar bodies made in Elkhart, Indiana. "Probably the industry's first example of one car becoming another" occurred in 1926 when Nash Motors ' newly introduced smaller-sized Ajax models were discontinued in 1926 after over 22,000 Ajax cars were sold during

2507-571: A shared appearance; Cadillac Eldorado Seville , Buick Limited Riviera , Oldsmobile Starfire 98 , Pontiac Bonneville Catalina , and the Chevrolet Bel-Air Impala . A later example was Wolseley Motors after it was bought out by William Morris . After World War I , "Wolseley started to lose its identity and eventually succumbed to badge engineering." This was repeated with the consolidation of Austin Motor Company and

2616-409: A single-parent manufacturer can significantly increase selling costs, as each model line must be marketed separately, requiring a distinct dealership network. Inappropriate use of rebadging can also hurt overall sales by resulting in "cannibalism" between two or more brands owned by the same company by failing to develop a distinct image for each brand or by allowing the market failure of one version of

2725-596: A singular GM brand. As an exception, Cadillac offers division-exclusive engines (the Northstar and Blackwing V8 engine families). In 1981, GM lost a 1977 lawsuit related to consumers (who purchased 1977 Oldsmobile Delta 88s equipped with a 350 cu in (5.7 L) Chevrolet small-block engine instead of the 350 cu in (5.7 L) Oldsmobile V8 engine ). At the time of production, GM had downsized its full-size model lines in preparation for another oil crisis and had increased production of V6 engines as

2834-701: A whole. Trademark protection does not apply to utilitarian features of a product such as the plastic interlocking studs on Lego bricks. The earliest examples of use of markings date back to around 15,000 years ago in Prehistory . Similar to branding practices, the Lascaux cave paintings in France, for instance, depict bulls with marks, which experts believe may have served as personal marks to indicate livestock ownership. Around 6,000 years ago, Egyptian masonry featured quarry marks and stonecutters' signs to identify

2943-422: A word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colors used to create a unique identity. For example, Pepsi® is a registered trademark associated with soft drinks, and

3052-493: Is "escalator," which was once a trademark. In contrast, patents have a fixed term, typically lasting 20 years from the filing date, after which the invention enters the public domain. Copyrights generally last for the life of the author plus an additional 50 to 70 years (depending on the jurisdiction), after which the protected work enters the public domain. Although intellectual property laws such as these are theoretically distinct, more than one type may afford protection to

3161-638: Is "to spread the huge development costs of a new vehicle over as many cars as possible". An example is General Motors' rebadging of the Camaro as the Firebird , a successful model from the 1960s through to the 2000s. In most cases, consumers are interested in each brand's focus "on the unique elements of styling and driving characteristics". Some cars would not be marketed without the cost savings that are obtained from this practice, and carmakers can develop many "different models – all wearing different badges – off

3270-612: Is a four-door sedan derived from the V20 Toyota Camry. Though visibly similar to the Camry introduced for 1987, the ES250 was a rebranded Toyota Camry Prominent/Vista ; a model developed for Japan, the Prominent/Vista (dependent on sales network) is a four-door pillared hardtop sedan with a slightly lower roofline and restyled body panels. Along with the change to left-hand drive, the ES250 adopted an interior similar to

3379-477: Is amortized tooling costs, which means the vehicle can be produced at a higher margin of profit (or a lower price, or both). Badge engineering occurs in the luxury -type market segments. An automobile manufacturer will use a model from its mainstream brand as a basis for a model under a premium marque by upgrading its features, technology, and/or styling. Along with visible cosmetic differences, premium models may also receive upgraded drivetrains. An example of this

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3488-435: Is inherently distinctive (able to identify and distinguish a single source of goods or services), often falling into categories such as suggestive, fanciful, or arbitrary, and is therefore registerable. In contrast, weak trademarks tend to be either descriptive or generic and may not be registerable. The registration process typically begins with a trademark clearance search to identify potential conflicts that could prevent

3597-503: Is required to act as the "basic mark." In the international application, the trademark owner can designate one or more Madrid System Member countries for protection. Each designated country’s trademark office will review the Madrid application under its local laws to grant or refuse protection. In the United States, for example, a trademark must first be registered or pending with the U.S. Patent and Trademark Office (USPTO) to serve as

3706-466: Is subject to various defenses, such as abandonment, limitations on geographic scope , and fair use. In the United States, the fair use defense protects many of the interests in free expression related to those protected by the First Amendment . Fair use may be asserted on two grounds, either that the alleged infringer is using the mark to describe accurately an aspect of its products, or that

3815-778: Is that Ford Motor Company marketed its mainstream Ford Fusion mid-size sedan as the Lincoln MKZ ; the Ford Expedition SUV is sold as the Lincoln Navigator . A more controversial example was the Aston Martin Cygnet , a rebadged version of the Toyota iQ city car (intended to comply with EU emissions regulations). While fitted with model-specific trim and a luggage set, the Cygnet nearly tripled

3924-606: Is used to refer to both trademarks and service marks. Similarly, the World Intellectual Property Organization (WIPO) defines a trademark as a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. WIPO administers the Madrid Protocol , which allows trademark owners worldwide to file one application to register their trademark in multiple countries. Almost anything that identifies

4033-650: Is when two separate manufacturers trade products, filling gaps in their respective product lineups. During the 1990s, Honda and Isuzu entered into such an agreement, with Isuzu marketing the first-generation Honda Odyssey as the Isuzu Oasis as its first minivan. In return, Honda received the Isuzu Rodeo and Isuzu Trooper SUVs, which became the Honda Passport and Acura SLX ; the agreement allowed both Honda and Isuzu to enter new vehicle segments without

4142-613: The 1973 oil crisis , General Motors expanded fuel-efficient offerings beyond its Chevrolet division, reintroducing compact cars to its Buick, Oldsmobile, and Pontiac brands. Derived from the X-platform Chevrolet Nova , the Pontiac Ventura was introduced for the 1971 model year, with the Buick Apollo and Oldsmobile Omega introduced for 1973. These four X-platform vehicles (also known as N-O-V-A from

4251-711: The Audi A8 (built in aluminum). In the Japanese automotive industry, platform sharing has expanded model offerings in North America. While the initial Lexus LS was developed specifically for the American market, the later Lexus ES has shared a platform (but not a body) with the Toyota Camry (since 2013, the Toyota Avalon , itself also based on the Camry). Exclusive primarily to North America, Honda uses

4360-587: The European Union Intellectual Property Office (EUIPO). Registration provides the owner certain exclusive rights and provides legal remedies against unauthorized use by others. Trademark laws vary by jurisdiction but generally allow owners to enforce their rights against infringement, dilution, or unfair competition. International agreements, such as the Paris Convention and the Madrid Protocol , simplify

4469-682: The Ford Fusion ; as part of its 2013 redesign, no other exterior panels); Cadillac rebranded the Opel Omega B as the Cadillac Catera as its first mid-size car, but replaced it, eventually moving towards platform sharing with other divisions. From 1982 until 1986, the front-wheel drive A platform underpinned the Chevrolet Celebrity , Cutlass Ciera , Pontiac 6000 , and Buick Century . As part of their legacy,

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4578-793: The Honda Accord through multiple sales networks, marketing the Accord through the Honda Clio network and renaming it as the Honda Vigor for Honda Verno locations (conversely, the Vigor was renamed the Honda Inspire for the Clio network). The practice of producing multiple versions of the same vehicle would eventually lead to distinct vehicles produced for export. In North America,

4687-577: The Nuffield Organization (parent company of Morris Motors ) to form the British Motor Corporation (BMC). The rationalization of production to gain efficiencies "did not extend to marketing", and each "model was adapted, by variation in trim and accessories, to appeal to customer loyalties for whom the badge denoting the company of origin was an important selling advantage ... 'Badge Engineering', as it became known,

4796-650: The Toyota Sprinter / Chevrolet Prizm , and later the Toyota Matrix / Pontiac Vibe . In another agreement, Ford and Nissan developed and produced the Mercury Villager and Nissan Quest minivans from 1993 through 2002. Another example was the cooperative work between Volkswagen and Ford to develop the VW Sharan , Ford Galaxy , and SEAT Alhambra . Badge engineering may occur when one company allows another, otherwise unaffiliated, company to market

4905-556: The United States and Canada already has the Element, the mid-priced CR-V and the larger Pilot , as all three models are made in North America. It was reported that Honda did not export the Crossroad to Europe because of a voluntary commitment by the Japan Automobile Manufacturers Association to reduce average CO 2 emissions in its European fleet to 140 grams per kilometer by 2009. As

5014-604: The Yusheng S330 developed by Jiangling Motors (JMC) . Badge engineering could be used as a strategy to lengthen the life cycle of a vehicle. After a product has reached the end of its life cycle, it may be transferred to another brand, mostly from the same holding company or joint venture. Examples include the SEAT Exeo , a rebadged Audi A4 B7 with reworked styling, which was built in Spain from used production tooling from

5123-646: The "basic mark" necessary for Madrid filings. The trademark registration process with the USPTO generally follows these steps: Trademark owners seeking protection in multiple jurisdictions have two options: the Paris route, under the Paris Convention , or the Madrid System , which is administered by WIPO . The Paris route, covering 180 countries and also known as the "direct route," requires filing separate applications with each country’s IP office. In contrast,

5232-413: The 1973 oil crisis and to regain lost market share, both Cadillac and Lincoln introduced smaller vehicles for their brand. In one of the most controversial uses of rebranding in automotive history, both vehicles were derived from smaller GM and Ford divisional model ranges. For the 1977 model year, Lincoln released the Lincoln Versailles to match the debut of the Cadillac Seville . In contrast with

5341-415: The 1976 Pontiac Sunbird . Similarly, to the X-body vehicles, the H-body subcompacts shared common bodies across all four divisions with differing grille, lamp, and body trim variations. Prior to 1981, the majority of General Motors vehicles were produced with engines designed by their respective divisions. From 1981 onward, GM ended its policy of divisionally-developed engines, instead offering engines under

5450-529: The 1980 model year. For 1982, Cadillac released the Cadillac Cimarron to compete against compact European-brand executive sedans . The smallest Cadillac produced since the 1900s, the Cimarron used the chassis of the GM J-body four-door sedan. Developed and brought to market less than a year before the J-body was released, Cadillac was left with almost no time to distinguish the Cimarron from its divisional counterparts from Chevrolet, Buick, Oldsmobile, and Pontiac. Though sharing nearly its entire exterior with

5559-415: The 1990s, GM advertising featured a disclaimer stating '"Oldsmobiles (or any other GM division) are equipped with engines manufactured by various GM divisions, subsidiaries and affiliates worldwide."' Prior to the mid-1970s, the American luxury brands Lincoln and Cadillac offered model lines consisting entirely of full-size two-door and four-door sedans and full-size personal luxury cars. At the beginning of

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5668-473: The A-bodies became enormously popular – as well as synonymous with one of GM's most transparent examples of badge engineering : they were simultaneously presented, almost indistinguishably, on the 22 August 1983 cover of Forbes magazine as examples of genericized uniformity, embarrassing the company and ultimately prompting GM to recommit to design leadership. In 1987, Chrysler Corporation acquired American Motors Corporation (AMC) from Renault , leading to

5777-469: The Audi plant in Ingolstadt after the A4 B7 production had ended. The tooling was dismantled from Ingolstadt and was sent to the SEAT manufacturing plant in Martorell , Spain, to be reinstalled. Another example is the Dongfeng Fengdu MX6, which was produced after the near-identical Nissan X-Trail (T31) production had ended, and the Maruti Suzuki Zen Estilo, which is based on the then-recently discontinued Suzuki MR Wagon . The advantage of this strategy

5886-418: The Breeze from the original CR-V , the Elysion from the Odyssey , the XR-V from the HR-V , and others. In other cases, foreign manufacturers may also rebadge a model developed by its partner, sometimes for exports to other markets. Examples include the second generation Chevrolet Captiva which is an export version of the Baojun 530 made by SAIC-GM-Wuling , or the Ford Territory , a reworked version of

5995-429: The European Union requires "genuine use" of the mark within a continuous five-year period following registration to maintain the trademark, with non-use potentially resulting in revocation. The trademark owner must enforce their rights to preserve the trademark's distinctiveness , prevent trademark infringement, and avoid dilution. Enforcement after registration generally involves: Trademark infringement occurs when

6104-399: The Jeep range, Eagle was marketed towards consumers interested in imported vehicles. For 1992, the Eagle Vision full-size sedan replaced the Premier, becoming the first Eagle-brand vehicle developed by Chrysler. Positioned between the Dodge Intrepid and Chrysler Concorde, the Eagle Vision shared most exterior trim with the Concorde. It was the only Chrysler LH car offered exclusively with

6213-417: The M30 differed from the Leopard primarily in its steering wheel location. Intended largely as placeholder models, the ES250 and M30 were largely overshadowed by their companion flagship sedans. Following the end of the 1992 model year, both models were withdrawn (as their Japanese counterparts had ended their model cycles). For 1993, the ES250 was replaced by the ES300; while again sharing its body with

6322-405: The Madrid System streamlines the process by allowing a single Madrid application, built on an existing or applied-for national or regional registration (the "basic mark"), to extend protection to up to 131 countries. Unlike patents and copyrights , which have fixed expiration dates, trademark registrations typically have an initial term of 10 years and can be renewed indefinitely, as long as

6431-458: The Roman Empire. Other notable trademarks that have been used for a long time include Stella Artois , which claims use of its mark since 1366, and Löwenbräu , which claims use of its lion mark since 1383. The first trademark legislation was passed by the Parliament of England under the reign of King Henry III in 1266, which required all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in

6540-410: The Seville (sharing its chassis underpinnings both the Chevrolet Nova and the Chevrolet Camaro), the Versailles shared nearly its entire body with the Mercury Monarch (itself a counterpart of the Ford Granada ); the model line also replaced the previous Mercury Grand Monarch Ghia . Outsold by the Seville nearly three-to-one, the Versailles sold far under sales predictions and was discontinued early in

6649-508: The Toyota Sprinter was marketed as the Chevrolet Nova (and the Geo Prizm that replaced it). The Honda Vigor and Inspire were marketed as the Acura Vigor and TL; Nissan sold the Gloria in the United States as the Infiniti M45 . Two automakers can also pool resources by operating a joint venture to create a product and then selling each as their own. For example, General Motors and Toyota formed NUMMI . The vehicles produced from this venture (though not necessarily at NUMMI itself) included

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6758-402: The Trademark Act in 1905. The Lanham Act of 1946 updated the law and has served, with several amendments, as the primary federal law on trademarks. The Trade Marks Act 1938 in the United Kingdom set up the first registration system based on the "intent-to-use" principle. The Act also established an application publishing procedure and expanded the rights of the trademark holder to include

6867-401: The Trademark Electronic Search System (TESS) in 2023. A comprehensive clearance search involves checking the USPTO database for federally registered and applied-for trademarks, state trademark databases, and the internet to see if someone else has already registered that trademark or a similar one. The search should also include looking at both words and designs. To search for similar designs in

6976-419: The UK Patent Office for the first time. Registration was considered to comprise prima facie evidence of ownership of a trademark and registration of marks began on 1 January 1876. The 1875 Act defined a registrable trade mark as a device or mark, or name of an individual or firm printed in some particular and distinctive manner; or a written signature or copy of a written signature of an individual or firm; or

7085-400: The USPTO database, design search codes must be used. WIPO ’s Global Brand Database provides international access to trademarks and emblems. Trademark owners can either maintain protection at the national level or expand internationally through the Madrid System by building on their national registration. To pursue international protection, a national registration or pending application

7194-584: The United States, trademark rights are established either (1) through first use of the mark in commerce, creating common law rights limited to the geographic areas of use, or (2) through federal registration with the U.S. Patent and Trademark Office (USPTO), with use in commerce required to maintain the registration. Federal registration with the USPTO provides additional benefits, such as: Trademark law grants legal protection to "distinctive" trademarks, which are marks that allow consumers to easily associate them with specific products or services. A strong trademark

7303-411: The Vauxhall brand; when sold in the United States, Opels were marketed as Saturns, Chevrolets, and Buicks. Conversely, the Australian Holden brand was never sold in North America, but the Holden Monaro and Holden Commodore were sold under the Pontiac (Pontiac GTO, Pontiac G8), Chevrolet (Chevrolet SS), and Buick (Buick Regal Sportback/Buick Regal TourX) nameplates. Another way badge engineering may occur

7412-459: The alleged infringer is using the mark to identify the mark owner. One of the most visible proofs that trademarks provide a limited right in the U.S. comes from the comparative advertising that is seen throughout U.S. media. An example of the first type is that although Maytag owns the trademark "Whisper Quiet" for its dishwashers, makers of other products may describe their goods as being "whisper quiet" so long as these products do not fall under

7521-749: The automotive industry. Alongside a shared chassis (though unibody construction is nearly universal in cars and many light trucks), platform sharing also standardizes components such as drivetrain, suspensions, components, and other technologies. General Motors used the B platform for many of its non-Cadillac full-size vehicles (nearly exclusively from 1959 through 1985), while Chrysler used its B platform for intermediates and its C platform for (non-Imperial) full-size cars. The Volkswagen Group uses platform sharing as its business strategy to improve its profitability and growth. For example, Audi uses components from their more pedestrian counterparts, sold as Volkswagen mass-market brands. As an effort to place Audi as

7630-438: The barring of trademark use even in cases where confusion remained unlikely. This Act served as a model for similar legislation elsewhere. The oldest registered trademark has various claimants, enumerated below: Trademark protection can be acquired through registration and/or, in certain countries, through use. Globally, the most common method for establishing trademark rights is registration. Most countries operate under

7739-434: The brand's inaugural year. The chairman and CEO of the company, Charles W. Nash , ordered that the Ajax models be marketed as the "Nash Light Six", Nash being a known and respected automobile brand. Production was stopped for two days so Nash emblems, hubcaps, and radiator shells could be exchanged on all unshipped Ajax cars. Conversion kits were also distributed at no charge to Ajax owners to transform their cars and protect

7848-668: The cost of engineering an all-new vehicle design (at the same time, in Europe, the Honda Crossroad was a rebadged Land Rover Discovery ). During the late 2000s and early 2010s, the Volkswagen Routan was a rebranded version of the Dodge Grand Caravan, supplied as Volkswagen sought to re-enter the North American minivan segment without the investment of federalizing its design. Assembled by Chrysler with

7957-590: The decade, European automakers began to market their largest sedans as luxury vehicles in North America. Though the BMW Bavaria/3.0Si , Jaguar XJ6/XJ12 , and Mercedes-Benz S-Class (W116) were priced similar to the Cadillac Sedan de Ville and Lincoln Continental, the model lines were thousands of pounds lighter and multiple feet shorter in length (with only the hand-built Rolls-Royce Phantom V rivaling Lincoln and Cadillac in size). In response to both

8066-572: The distinctive shape of the Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design. The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks is typically secured through registration with governmental agencies, such as the United States Patent and Trademark Office (USPTO) or

8175-648: The exit of the latter company from the North American market. As part of the sale, Chrysler obtained the AMC dealership network, the AMC Eagle line of all-wheel drive cars, and the Jeep line of sport-utility vehicles and pickup trucks. For 1989, Chrysler established the Jeep-Eagle Division in a strategy to both focus on Jeep and offer specialty cars differentiated from the established Chrysler lines. Following

8284-539: The first letters of their model names) were produced with identical bodies with divisional differences marked only with specific grille, lamp, and body trim variations. To expand its footprint in the subcompact segment, the H-body Chevrolet Vega platform was used for the 1975 model year for newly styled variants sold as the Chevrolet Monza , Buick Skyhawk , and Oldsmobile Starfire followed by

8393-433: The first time in a Honda, the Crossroad will be equipped with Hill-Start Assist which temporarily maintains brake pressure after the brake pedal is released when starting on a hill. Under normal driving conditions, the Crossroad behaves as a FWD vehicle. According to AutoWeek , Honda said it won't import the Crossroad to North America , since their similarly sized Element takes its place. Honda's crossover SUV lineup in

8502-542: The four-door Chevrolet Cavalier, the Cimarron was priced nearly twice as high as its counterpart. Additionally, J-body vehicles from other divisions could be equipped nearly identically to the Cimarron for a lower cost. Though the model line closely matched its Buick Skyhawk and Oldsmobile Firenza counterparts in sales, the Cimarron was discontinued following the 1988 model year. Though the Lincoln Versailles

8611-428: The hood, the Crossroad sports one of two straight-4 engines of 1.8 L and 2.0 L in displacement. Power outputs are 140 and 150 PS (103 and 110 kW) respectively. Both were mated to the only available transmission: a 5-speed automatic . Honda's Real-Time AWD system has been thoroughly revised for the Crossroad. It now works in conjunction with stability and traction control as well as ABS brakes . For

8720-409: The identification of products and services which meet the expectations of consumers as to the quality and other characteristics. Trademarks may also serve as an incentive for manufacturers, providers, or suppliers to consistently provide quality products or services to maintain their business reputation. Furthermore, if a trademark owner does not maintain quality control and adequate supervision about

8829-438: The intended standard engine, underestimating consumer demand for Oldsmobile V8 engines. To accommodate the increased market demand, nearly 60% of Delta 88s were equipped with a Chevrolet 5.7 L V8 for 1977. The lawsuit was filed by the state of Illinois, claiming GM falsely advertised the vehicles. In 1981, GM settled the lawsuit with the vehicle buyers and discontinued their company-unique policy of division-specific engines. Into

8938-492: The investment they had made in purchasing an automobile made by Nash. Starting with the beginning of General Motors in 1909, chassis and platforms were shared with all brands. GMC , which historically was a truck builder, began to offer its products branded as Chevrolet , and vehicles produced by GM were built on common platforms shared with Chevrolet, Oakland , Oldsmobile , Buick , and Cadillac . Exterior appearances were gradually upgraded between these vehicle brands. This

9047-591: The larger LS (along with similarly styled wheels and taillamps). The Infiniti M30 is a two-door notchback coupe derived from the Nissan Leopard (a model never sold in North America). Along with the coupe, Infiniti sold the M30 as a two-door convertible (converted in the United States). With the exception of its badging and its dashboard (sourced from the left-hand drive Nissan Skyline ),

9156-574: The late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857 with the "Manufacture and Goods Mark Act". In Britain, the Merchandise Marks Act 1862 made it a criminal offense to imitate another's trade mark 'with intent to defraud or to enable another to defraud'. The passing of the Trade Marks Registration Act 1875 allowed formal registration of trademarks at

9265-532: The manufacture and provision of products or services supplied by a licensee, such "naked licensing" will eventually adversely affect the owner's rights in the trademark. For US law see, ex. Eva's Bridal Ltd. v. Halanick Enterprises, Inc. 639 F.3d 788 (7th Cor. 2011). This proposition has, however, been watered down by the judgment of the House of Lords in the case of Scandecor Development AB v. Scandecor Marketing AB et al. [2001] UKHL 21; wherein it has been held that

9374-415: The mark remains in continuous use in commerce. If the trademark owner stops using the mark for too long (typically three to five years, depending on the jurisdiction), the trademark rights may be lost. For example, in the United States, trademark rights are based on use in commerce. If a mark is not used for three consecutive years, it is presumed abandoned and becomes vulnerable to challenges. Similarly,

9483-472: The marketing of the Crossroad. For instance, Honda had threatened to end ties with Rover after the news that it was going to be sold to BMW. In 1997, a recall was issued by Honda on the advice of Ministry of Transportation due to a malfunction locking mechanism on the SUV's driver-side front door that could make the door open while driving. Around 4,754 vehicles made from July 1995 to December 1996 were affected by

9592-476: The mere fact that a bare license (the equivalent of the United States concept of a naked license) has been granted did not automatically mean that a trademark was liable to mislead. By the same token, trademark holders must be cautious in the sale of their mark for similar reasons as apply to licensing. When assigning an interest in a trademark, if the associated product or service is not transferred with it, then this may be an "assignment-in-gross" and could lead to

9701-407: The one platform". In several countries including Japan, manufacturers often use the phrase " OEM supply" or "OEM-supplied" to denote vehicles that are a rebadged model from or for other manufacturers. Although platform sharing can often involve rebadging and rebranding, it can extend further, as the design may be used across multiple configurations. For example, a single platform may underpin

9810-421: The possibility of perpetual rights, provided the trademark is continuously used and renewed. However, if a trademark is no longer in use, its registration may be subject to cancellation. Trademarks can also lose protection through genericide , a process where a trademark becomes so widely used to refer to a category of goods or services that it loses its distinctiveness and legal protection. A well-known example

9919-400: The practice of replacing an automobile's emblems to create an ostensibly new model sold by a different maker. Changes may be confined to swapping badges and emblems, or may encompass minor styling differences, as with cosmetic changes to headlights , taillights, front and rear fascias , and even outer body skins. More extreme examples involve differing engines and drivetrains . The objective

10028-533: The price of the iQ. Alternatively, VW Group under Ferdinand Piëch used the reverse of this in some circumstances, engineering the more luxurious model first and then remove features for models from less prestigious marques. Examples include the Lamborghini Gallardo / Audi R8 and the Audi A4 / Volkswagen Passat . Along with rebadging and badge engineering, platform sharing is common throughout

10137-717: The production and sales rights to each joint venture, manufacturers often resort to a similar strategy deployed in Japan: simply producing the exact model under two different names with minor changes to exterior bodywork. GAC Toyota has produced the Levin as a twin model to the FAW Toyota-built Corolla and the Wildlander as the alternative to the RAV4 . Honda awarded several models to two joint ventures, which spawned

10246-466: The recall. The Crossroad name was resurrected as a new crossover SUV for the Japanese market on February 23, 2007. The vehicle combines the exterior design of an SUV with the convenient size of a compact car and the 3-row seating and 7-passenger capacity. The Crossroad is designed for people to enjoy their active new lifestyles, targeting young couples in their 20s and 30s with small children. Under

10355-400: The regional Big Threes of the United States, Europe, and Japan) owns a portfolio of different brands and markets the same car under different brands and nameplates. The practice is used for multiple reasons. In one example, a company may do so to expand its range of different brands in a market without the cost of developing completely new models. In the United States, General Motors may sell

10464-570: The registration and protection of trademarks across multiple countries. Additionally, the TRIPS Agreement sets minimum standards for trademark protection and enforcement that all member countries must follow. The term trademark can also be spelled trade mark in regions such as the EU, UK, and Australia, and as trade-mark in Canada. Despite the different spellings, all three terms denote

10573-527: The registration of the trademark. A comprehensive clearance search can help avoid costly and time-consuming issues, such as refusal to register, opposition or cancellation proceedings, or a trademark infringement lawsuit. In the United States, the USPTO maintains a publicly accessible database of registered trademarks. This database can be searched using the Trademark Search system, which replaced

10682-425: The relevant national authority. Using the ® symbol for unregistered trademarks is misleading and can be treated as unfair business practice. It may also result in civil or criminal penalties. A brand is a marketing concept that reflects how consumers perceive a product or service. It has a much wider meaning and refers to the proprietary visual, emotional, rational, and cultural image that customers associate with

10791-497: The retirement of the AMC Eagle Wagon in early 1988 (derived from the 1971 AMC Hornet), Eagle established its product line with the introduction of the 1988 Premier and Medallion (developed by Renault prior to the sale of AMC). To expand the product range beyond the two sedans, Chrysler sourced vehicles from Mitsubishi, introducing the 1989 Summit (Dodge/Plymouth Colt) and 1990 Talon (Mitsubishi Eclipse). In contrast to

10900-426: The same article. For example, the particular design of a bottle may qualify for copyright protection as a non-utilitarian [sculpture], or trademark protection based on its shape, or the ' trade dress ' appearance of the bottle as a whole may be protectable. Titles and character names from books or movies may also be protectable as trademarks while the works from which they are drawn may qualify for copyright protection as

11009-405: The same category of goods the trademark is protected under. An example of the second type is that Audi can run advertisements saying that a trade publication has rated an Audi model higher than a BMW model since they are only using "BMW" to identify the competitor. In a related sense, an auto mechanic can truthfully advertise that he services Volkswagens , and a former Playboy Playmate of

11118-547: The same concept. In the United States, the Lanham Act defines a trademark as any word, phrase, symbol, design, or combination of these things used to identify goods or services. Trademarks help consumers recognize a brand in the marketplace and distinguish it from competitors. A service mark , also covered under the Lanham Act, is a type of trademark used to identify services rather than goods. The term trademark

11227-486: The source of goods or services can serve as a trademark. In addition to words, slogans, designs, or combinations of these, trademarks can also include non-traditional marks like sounds, scents, or colors. Under the broad heading of trademarks, there are several specific types commonly encountered, such as trade dress, collective marks, and certification marks: To maintain distinctiveness , trademarks should function as adjectives, not as nouns or verbs, and be paired with

11336-488: The stone's origin and the workers responsible. Wine amphorae marked with seals were also found in the tomb of Pharaoh Tutankhamun , who ruled ancient Egypt more than 3,000 years ago. Over 2,000 years ago, Chinese manufacturers sold goods marked with identifying symbols in the Mediterranean region. Trademarks have also been discovered on pottery, porcelain, and swords produced by merchants in ancient Greece and

11445-496: Was closed by Ford. General Motors underwent several brand revisions; following the discontinuation of the Geo sub-brand of Chevrolet in 1997, Oldsmobile was closed after 2004 (the oldest American nameplate at the time). Following its 2009 bankruptcy, GM closed Pontiac, Saturn, and Hummer in 2010; Saab was sold (eventually leading to its demise). GM sold its European Opel and Vauxhall brands in 2017 to PSA (now Stellantis). In response to

11554-408: Was initially marketed in 3- and 5-door variants; and was manufactured at Rover's Solihull plant. At the end of July 1994, the Crossroad was updated with added safety equipment including twin front airbags, standard ABS, door beams. Front and rear anti-roll bars were also added, while the grille and aluminum wheels were redesigned and the dashboard was revised. The three-door model was discontinued and

11663-575: Was largely forgotten after its 1980 discontinuation (its role superseded by the downsizing of the Lincoln Continental for 1982), the Cimarron would cause extensive damage to the Cadillac brand, as its market share declined by almost 50% from 1980 to 1998. As of current production, neither Lincoln nor Cadillac has marketed a compact-segment car. Through the use of rebranding, Lincoln produced the mid-size Lincoln MKZ (sharing its doors with

11772-525: Was partly because all bodywork was provided by Fisher Body which was bought by GM in 1925, and the introduction of the Art and Color Section in 1928, directed by Harley Earl . For the 1958 model year, GM was promoting its fiftieth year of production and introduced anniversary models for each brand; Cadillac, Buick, Oldsmobile, Pontiac, and Chevrolet. The 1958 models shared an almost identical appearance on all models for each brand and made special luxury models with

11881-517: Was symptomatic of a policy of sales competition between the constituent organizations". The ultimate example of BMC badge engineering was the 1962 BMC ADO16 which was available badged as a Morris, MG, Austin, Wolseley, Riley and the upmarket Vanden Plas . A year earlier, the Mini was also available as Austin, Morris, Riley, and Wolseley – the latter two having slightly bigger boots. Badge engineering often occurs when an individual manufacturer (such as

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