Branding

‘Branding’ is the watchword of marketers; lawyers talk of ‘trademarks and associated get-up’. By these terms the two groups mean broadly the same phenomenon; but each inclines to a contemptuous view of what the other contributes to business functioning and general welfare. This chapter discusses trademark registers, rights dependent on trading, the merits of branding, registration as a fetter for others, registration as proof of reputation, what should be protected and why, what function analysis achieves, investment and advertising as ‘functions’, trade reputation and registration, and...

‘Branding’ is the watchword of marketers; lawyers talk of ‘trademarks and associated get-up’. By these terms the two groups mean broadly the same phenomenon; but each inclines to a contemptuous view of what the other contributes to business functioning and general welfare. This chapter discusses trademark registers, rights dependent on trading, the merits of branding, registration as a fetter for others, registration as proof of reputation, what should be protected and why, what function analysis achieves, investment and advertising as ‘functions’, trade reputation and registration, and cumulation and convergence.