Netradiční ochranné známky: vliv registračních zástupců na jejich využívání v soudobém marketingu a kontext senzorického kapitalismu

This master's thesis addresses the utilization of non-traditional trademarks (NTTMs) in the context of contemporary marketing and emerging sensory capitalism. Although the legal framework has facilitated the registration of sensory perceptions since 2019, their actual application in practice remains marginal. Through semi-structured interviews with ten trademark representatives, this research investigates the barriers preventing the broader adoption of these trademarks. The main finding reveals that the primary obstacle is not merely the active resistance of the representatives (so-called gatekeeping), but predominantly the lack of demand and a low level of intellectual property awareness (IP maturity) among clients, particularly small and medium-sized enterprises (SMEs). The representatives' own approaches to innovation are subsequently categorized into three identified archetypes: traditional technocrats, protective pragmatists, and innovative consultants. The thesis highlights a deep epistemic gap between marketing theory and legal practice, emphasizing the necessity of mutual market education for the effective monetization of sensory assets.