Tourism is one of the world’s most important economic sectors and has been growing continuously for years. At the same time, competition between tourism offers, regions and business models continues to increase. Today, travellers are no longer just looking for accommodation or transport options, but for unique experiences, authentic concepts and clearly recognizable brands. This is precisely where intellectual property – in particular trademark law – plays a central role.

International organizations such as the World Intellectual Property Organization (WIPO) and the World Tourism Organization (UNWTO) emphasize that intellectual property rights are not just legal instruments, but can make a decisive contribution to the economic development of the tourism sector. Intellectual property creates the basis for protecting innovative ideas, building competitive advantages and developing new business models.

Why brands play such an important role in tourism

Tourism products consist of a mixture of tangible and intangible elements. In addition to hotels, transportation or leisure activities, these also include the image, quality of experience, design or cultural characteristics of a destination. It is precisely these intangible factors that often decide whether customers opt for a particular offer.

Brands help to make such intangible values visible. They enable companies to differentiate themselves from competitors and build trust with customers. At the same time, brands contribute to economic development as they facilitate investment, promote cooperation and can open up new market segments.

Brands are an important success factor, especially for start-ups in the tourism sector. New business models are often based on innovative concepts, emotional customer appeal or special experience offers. A protected brand ensures that these unique selling points are retained in the long term and cannot be copied by competitors.

How trademarks and other intellectual property rights are used in tourism business models

The WIPO/UNWTO study “Boosting Tourism Development through Intellectual Property” (2021) shows that intellectual property can be used along the entire tourism value chain – from marketing and product development to the commercialization of services. Brands play a key role here because they serve as an identifying feature for companies, products or entire destinations.

For example, a trademark can protect the name of a hotel, the logo of a tour operator or the slogan of a tourist region. Trademarks can also be used commercially, for example through licensing models or franchise systems. Companies can allow third parties to use their brand in return for license fees. This creates additional sources of income and facilitates expansion into new markets.

In addition to traditional individual brands, collective and certification brands are becoming increasingly important in tourism. Collective brands enable several companies to market joint offers under one brand and are often used by industry associations or regional cooperations, for example for tourist routes or regions. Certification brands act as a seal of quality and identify standards such as sustainability, environmental friendliness or special quality features, which strengthens the trust of travelers. In addition, the WIPO/UNWTO study “Boosting Tourism Development through Intellectual Property” (2021) emphasizes the role of geographical indications (GIs), which highlight origin and regionality. Taken together, collective, certification and GI brands can increase the competitiveness of tourism products and strengthen regional identity.

Brands as a driver of innovation, investment and growth

Intellectual property is increasingly seen as an economic asset. Property rights can be sold, licensed or incorporated into cooperations. This opens up new financing opportunities and investors gain confidence in a business model.

Young companies in particular benefit from this. A clearly defined brand strategy signals professionalism and future viability. At the same time, it can help to open up new market segments or develop innovative products. According to WIPO and UNWTO, effective management of intellectual property rights helps to promote innovation, create jobs and enable sustainable economic growth.

Brands also play an important role in establishing collaborations within the tourism industry. Many tourism offers are only created through the interaction of different players – such as hotels, restaurants, cultural offers or regional producers. A common brand can structure such collaborations and strengthen them economically.

Opportunities for sustainable and regional tourism

Another key aspect is the importance of brands for sustainable tourism concepts. Certification and origin labels can highlight regional products, cultural traditions or sustainable production methods. This benefits both local businesses and entire regions economically.

The study also shows that property rights can help to preserve cultural heritage and at the same time make it economically viable. In particular, geographical indications of origin or regional brands can increase the attractiveness of tourism and strengthen local economic cycles.

This offers great opportunities for start-ups, as sustainable and authentic travel offers are increasingly in demand. A clearly protected brand can help to position such offers credibly and market them successfully in the long term.

Typical legal challenges in the tourism sector

Despite the numerous opportunities, trademark disputes often arise in the tourism sector. Typical disputes concern hotel name disputes, for example, when new businesses use similar names of established hotels, or the unauthorized use of protected regional names in online marketing, for example in booking platforms or on social media channels. The use of third-party brands for advertising or promotional gifts without consent can also lead to legal disputes. Such infringements can result in injunctive relief and claims for damages and, in extreme cases, affect the brand value of the companies concerned.

There is also an increased risk with collaborations or licensing models. Without clear contractual regulations, the use of a brand can quickly lead to disputes or weaken the brand value. Companies should therefore define clear terms of use and quality standards at an early stage.

Use brands strategically and protect them early on

In tourism, brands are far more than just a marketing tool. They are a central component of successful business models and make a decisive contribution to the competitiveness of companies and destinations. For start-ups in particular, an early brand strategy can help to protect innovations, convince investors and enable sustainable growth.

Companies in the tourism sector should therefore not only invest in marketing and product development, but also strategically plan the legal protection of their brand. Professional advice can help to avoid risks and secure the economic value of a brand in the long term.