Chapter 1: Trade Marks in Modern Commercial Life
1. TRADE MARKS AND MARKETING 1.1 A Trade Mark as a Marketing Resource This book will examine various ways in which trade marks contribute to the organization and conduct of economic activity. It will show how a trade mark provides the legal basis of a marketing resource that a ﬁrm can use to stimulate or strengthen speciﬁc demand for its goods or services (or its ‘products’).1 Through registering a particular word, word combination, logo or other sign as a trade mark,2 a ﬁrm (or other kind of legal person) can acquire exclusive rights which enable it to use the sign to market products of the kind designated in the registration.3 The proprietor (or 1 This book will focus on the system that enables ﬁrms to register signs as trade marks for designated categories of products and the term ‘trade mark’ will be used to mean a registered trade mark unless the context requires otherwise. However, in the United Kingdom, the tort of passing off provides extensive legal protection for goodwill that has come to be focused on a sign used as a trade mark regardless of whether or not it has been registered. On the meaning of ‘goodwill’, see below at nn. 71–75. On the tort of passing off, see Carty, 2010, pp. 225–282. 2 Section 1(1) of the United Kingdom’s Trade Marks Act 1994 Act (‘the 1994 Act’) deﬁnes a trade mark as ‘any sign capable of being represented graphically which is...
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