While branding can be very effective in the marketplace – so much so that it sometimes acts contrary to the public interest – it does not warrant the generalised “hype” with which it is surrounded.  The legal practitioner in this field owes it to the client to apply his knowledge of the law, practical experience, and even psychological research in the interests of his client.  “Cluttering” in the European trade mark system is an especial problem.

Very different strategies to trade mark protection need to be adopted according to the market sector:  fast-moving consumer goods, alcoholic drinks, highly standardised products, innovative products, pharmaceutical products, motor cars, and business-to-business.  The choice of brand architecture (“one product, one brand” vs “monolithic”) is discussed.

Device marks as well as word marks are dealt with in this talk, and the usefulness of trade mark valuation is questioned.

Slides from this seminar can be viewed here.

Convenors: Graeme Dinwoodie, Dev Gangjee & Robert Pitkethly Directions to the seminar room from the Porter's Lodge. Refreshments provided, all are welcome (registration not required. Please direct enquiries to jennifer.hassan@law.ox.ac.uk