What is the most important function of a trademark?

The main purpose of a brand is to avoid unfair competition between companies that use consumer confusion to get more business. For example, if an independent restaurant used an arched gold M as a logo, it could confuse customers who think the establishment is a McDonald's. Causing this type of confusion is against trademark law. A trademark is a sign capable of distinguishing the goods or services of a company from those of other companies.

Trademarks are protected by intellectual property rights. This basic function of the brand derives all the other functions that the brand performs in economic life. The basic idea here is that artistic and editorial parodies of brands have a valuable critical function, and that this critical function is entitled to some degree of First Amendment protection. Although the quality function predominates in the consumer's mind and the advertising function predominates in the producer's mind, as far as the legal aspect is concerned, the decisive criterion is the function of the brand as an indication of origin.

To denote the origin, only then will the trademark perform its additional functions and act as an instrument of publicity, investment and protection for the owner against injury by violators. Only if the brand's own purpose is maintained, namely to distinguish trademarked products from products of different origin, can it fulfill its additional function as an instrument of sales promotion and consumer information; and only then does trademark law fulfill its function of protecting the owner against damage to the reputation of your brand.

Jürgen Bosmans
Jürgen Bosmans

Total twitter advocate. Total sushi fanatic. Total twitter lover. Wannabe music trailblazer. Amateur zombie advocate. Hardcore twitter fan.

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