Trade Mark History

Today, the trade mark industry is a vital component of the whole structure of the advertising and marketing that is a key feature of the commercial science. Logos, catch-phrases, and images all fall within the ambit of the trade mark and from a valuable part of the goodwill of the business with which they are associated. In law, however, trade marks have in recent years been the subject of increasing controversy; this that culminated in an entirely new legislative framework, in the form of the Trade Marks Act 1994 (TMA) .

In the UK the TMA 1994 is the primary source of trade mark law. However, the United Kingdom law has been heavily influenced in recent years by the development of both European Union Law and International Law. The TMA 1994 effectively implements the First EC Council Directive of 21st December 1988 to approximate the law of Member States relating to trade marks. In addition to this, Council Regulation (EC) No 40/941 of 20th December 1993 on the Community trade mark (OJ [1994] L11/1) laid the foundations for the ‘Community Trade Mark’ system, whereby an applicant may obtain a unitary trade mark covering the whole of the territory of the European Union by means of a single application to the Office for the Harmonisation of the International Market (OHIM).

It is obvious that trade mark law has to attain a balance between various potential competitors. Traders obtain trademarks in order to protect their image and reputation or their goods. However in a society based on free competition this allows others to compete on level terms within the same market. The rival trade at the very least would hope that the monopoly conferred by the grant of a trade mark is restricted to rational restrictions so as not to inhib...

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...nder which consumers interests are said to be intrinsically recognised, trademark law could truly benefit the consumer. This benefit is apparent when one considers that if the origin function supersedes the advertising function as that which the courts sought to protect, then parallel imports (goods which legitimately bear the mark of the trade mark proprietors and as such do not deceive the consumer as to their origin) would in some situations, be endorsed. Whilst it may be right that some protection is granted to manufacturer due to their investment in research and development of products, thereby justifying the needed for trademark laws and laws protecting tem, the question that must be addressed by the legislature is why this should be at the expense of the consumers interest. Notably, trademarks protect both consumers and investors, just on a different level.