Book contents
- The Cambridge Handbook of Investment-Driven Intellectual Property
- The Cambridge Handbook of Investment-Driven Intellectual Property
- Copyright page
- Contents
- Figures and Tables
- Contributors
- Foreword
- Introduction
- I Creativity, Pluralism, and Fictitious Narratives
- Part I Science, Technology and Industry
- Part II Culture and Entertainment
- Part III Signs, Images and Designs
- XV The Investment Function of Trade Marks
- XVI The Protection of Well-Known Trade Marks as a Way to Protect Investment?
- XVII Ambush Marketing and Protection of Investments
- XVIII EU Geographical Indications and the Protection of Producers and Their Investments
- XIX Design Right
- XX The Philosophical Foundations of Investment-Driven IP
XVI - The Protection of Well-Known Trade Marks as a Way to Protect Investment?
from Part III - Signs, Images and Designs
Published online by Cambridge University Press: 16 March 2023
- The Cambridge Handbook of Investment-Driven Intellectual Property
- The Cambridge Handbook of Investment-Driven Intellectual Property
- Copyright page
- Contents
- Figures and Tables
- Contributors
- Foreword
- Introduction
- I Creativity, Pluralism, and Fictitious Narratives
- Part I Science, Technology and Industry
- Part II Culture and Entertainment
- Part III Signs, Images and Designs
- XV The Investment Function of Trade Marks
- XVI The Protection of Well-Known Trade Marks as a Way to Protect Investment?
- XVII Ambush Marketing and Protection of Investments
- XVIII EU Geographical Indications and the Protection of Producers and Their Investments
- XIX Design Right
- XX The Philosophical Foundations of Investment-Driven IP
Summary
Trade marks have never needed to be creative to benefit from protection.1 In fact, trade marks that are too creative may be ‘punished’, in the sense that when a mark adds substantial (non-reputation-related) value to the goods, it should be refused registration or declared invalid.2 Distinctiveness, not creativity, is the customary dividing line between those signs which are worthy of trade mark protection, and those which are not. A sign will only be protected as a trade mark if it is able to ‘guarantee the identity of origin of the marked goods or services to the consumer or end user by enabling him, without any possibility of confusion, to distinguish the goods or services from others which have another origin’.3 This is known in Europe as the essential function of a trade mark. Preventing confusion is key, but it is equally important to ensure that the trade mark remains distinctive to consumers.
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- Publisher: Cambridge University PressPrint publication year: 2023