Trademarks with a reputation: bridging the 'logical lapse'

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Abstract

The article focuses on the Trade Marks Regulations 2004, which came into force on May 5, 2004. Regulation 7 repeals s 5(3)(b) and amends s 10(3) of the Trade Marks Act 1994, implementing the decision of the European Court of Justice in Davidoff & Cie SA and Zino Davidoff SA v Gofkid Ltd., which was then confirmed in Adidas-Salomon AG and Adidas Benelux BV v Fitnessworld Trading Ltd. The orthodox definition of the primary and proper function of a trademark is that it is to identify the origin or ownership of the goods to which the mark is affixed. As society has changed so too have the functions of the trademark. Due to increased affluence and the growth of the consumer society, some trademarks may now have achieved the status of being a symbol of desire in their own right.
Original languageEnglish
Pages (from-to)213-217
Number of pages5
JournalTolley's Communications Law
Volume9
Issue number6
Publication statusPublished - Dec 2004

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