Fernandez De La Mora Hernandez, Alvaro orcid.org/0000-0003-1598-9117 (2021) Trade Mark Functions in Business Practice:Mapping the Law Through the Search for Economic Content. International Review of Intellectual Property and Competition Law. pp. 1370-1404.
Abstract
The functions theory seemed to herald the modernisation of European trade mark law through the recognition and protection of trade mark functions other than source-identification, namely those of quality, advertising, investment and communication. However, more than a decade into its inception, the doctrinal edifice of trade mark functions remains far too underdeveloped to provide the required degree of legal certainty in everyday practice. Despite scholars’ and decision makers’ efforts to give content to these functions, their economic dimension remains largely unexplored. This article seeks to fill this gap in trade mark scholarship by exploring how each function maps to different branding strategies deployed by first in the course of trade. This will bring much-needed clarity to thefield by allowing to better delimit the contours of each function. Perhaps more importantly, it can provide the required analytical tools to better frame each function within its market context and, thus, for improved fine-tuning of the protection afforded to trade marks under the functions theory.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2021 Springer Nature Switzerland AG. Part of Springer Nature. This is an author-produced version of the published paper. Uploaded in accordance with the publisher’s self-archiving policy. Further copying may not be permitted; contact the publisher for details. |
Dates: |
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Institution: | The University of York |
Academic Units: | The University of York > Faculty of Social Sciences (York) > The York Law School |
Depositing User: | Pure (York) |
Date Deposited: | 11 Nov 2021 10:40 |
Last Modified: | 15 Feb 2025 00:10 |
Published Version: | https://doi.org/10.1007/s40319-021-01113-2 |
Status: | Published |
Refereed: | Yes |
Identification Number: | 10.1007/s40319-021-01113-2 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:180262 |
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Description: Alvaro Fernandez-Mora_Trade Mark Functions in Business Practice_Article_IIC_Author accepted manuscript_August 2021