Trade Mark in UK Law
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Consumer Value as the Key to Trade Mark Functionality
This article identifies the central role of consumer perceptions of value in design and marketing literature. Relying on this literature, it proposes changes to our legal understanding of functiona...
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The Consumer as the Empirical Measure of Trade Mark Law
Although consumer responses to signs and symbols lie at the heart of trade mark law, courts blow hot and cold on the relevance of empirical evidence – such as surveys and experiments – to establish...
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ARTISAN : a prototype retrieval system for trade mark images
Before a trade mark can be registered at the UK Patent Office, registrars need to ensure it isn't confusingly similar to any of 300,000 existing marks in the Registry's database. Many trade marks t...
- Reconfiguring Trade Mark Law
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From Brand Performance to Consumer Performativity: Assessing European Trade Mark Law after the Rise of Anthropological Marketing
Since the 2009 CJEU decision in L'Oréal v. Bellure, the idea that a brand's image is the property of the trade mark owner has become increasingly entrenched within European trade mark law. Brand im...
- European Trade Mark Law, Quo Vadis?
- Trade Mark Cartoons ‘for Life®’
- Trade Mark in Vogue
- Off-white Wins Trade Mark Protection
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Reconciling use-based and Registration-Based Rights within the Trade Mark System: What the Problems with Section 58A of the Trade Marks Act Tell Us
Reconciling registration and use as mechanisms by which rights can be acquired in a trade mark is inherently difficult. The federal Australian registered trade mark system is built around a hybrid ...
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