Why you need the advertising function
The Specsavers v Asda case in the UK shone a spotlight on a trade mark’s advertising function under case law from the Court of Justice of the EU. Alexandra Brodie and Bonita Trimmer explain why brand owners will rely on non-origin functions a lot more in the future
The functions of a trade mark include "not only the essential
function of the trade mark, which is to guarantee to consumers the
origin of the goods or services, but also its other functions, in
particular that of guaranteeing the quality of the goods or services in
question and those of communication, investment or advertising" (taken
from L'Oréal & Ors (Approximation of laws) 2009)....
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