Trade Mark Functions in Business Practice: Mapping the Law Through the Search for Economic Content

The functions theory seemed to herald the modernisation of European trade mark law through recognition and protection other than source-identification, namely those quality, advertising, investment communication. However, more a decade into its inception, doctrinal edifice remains far too underdeveloped provide required degree legal certainty in everyday practice. Despite scholars’ decision makers’ efforts give content these functions, their economic dimension largely unexplored. This article seeks fill this gap scholarship by exploring how each function maps different branding strategies deployed firms course trade. will bring much-needed clarity field allowing better delimit contours function. Perhaps importantly, it can analytical tools frame within market context and, thus, for improved fine-tuning afforded marks under theory.