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Functions of Trademarks
A trade mark is merely a symbol or emblem that identifies a specific supplier's goods or services as being of that trade. The Trade Marks Act 1994 (TMA 1994), which has been shaped thus far by the harmonization of trade mark legislation throughout Europe, serves as the main legislative basis for registered marks in the United Kingdom. Not only has trade mark law been more unified within the EU, but international agreements like the Singapore Trade Mark Law Treaty and the Agreement on Trade Related Aspects of International Property Rights (TRIPs) have also made significant global trade mark law uniformity possible. One may say that a registered trade mark serves the following primary purposes: (a) to specify the trade origin of the products or services with a specific supplier; refer to the TMA 1994's definition in s. 1(1):
According to this Act, a "trade mark" is any symbol that can: (a) be represented in the register in a way that makes it possible for the registrar, other authorities, and the general public to ascertain the precise and unambiguous subject matter of the protection granted to the proprietor; and (b) be used to differentiate the goods or services of one undertaking from those of other undertakings. (b) as a likely predictor of the caliber of goods linked to that supplier; (c) as an indicator of the value that varies over time of the specific brand image of products or the supplier's overall image; and (d) as a valuable and independently marketable piece of property.
A trade mark is merely a symbol or emblem that identifies a specific supplier's goods or services as being of that trade. The Trade Marks Act 1994 (TMA 1994), which has been shaped thus far by the harmonization of trade mark legislation throughout Europe, serves as the main legislative basis for registered marks in the United Kingdom. Not only has trade mark law been more unified within the EU, but international agreements like the Singapore Trade Mark Law Treaty and the Agreement on Trade Related Aspects of International Property Rights (TRIPs) have also made significant global trade mark law uniformity possible. One may say that a registered trade mark serves the following primary purposes: (a) to specify the trade origin of the products or services with a specific supplier; refer to the TMA 1994's definition in s. 1(1):
According to this Act, a "trade mark" is any symbol that can: (a) be represented in the register in a way that makes it possible for the registrar, other authorities, and the general public to ascertain the precise and unambiguous subject matter of the protection granted to the proprietor; and (b) be used to differentiate the goods or services of one undertaking from those of other undertakings. (b) as a likely predictor of the caliber of goods linked to that supplier; (c) as an indicator of the value that varies over time of the specific brand image of products or the supplier's overall image; and (d) as a valuable and independently marketable piece of property.
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