Trade Mark Law (UK) - Rationale Flashcards
What is one of the primary social values of trade marks?
To provide quality assurance and facilitate smoother market operation.
Which aspect of branding was crucial during the rise of the modern corporation?
Generating goodwill and specific demand for products.
How have digital technologies impacted the role of trade marks?
They have provided new marketing channels and avenues for engagement.
What concerns are raised by critics about branding and marketing?
They create monopolistic advantages and unnecessary product differentiation.
Which case supported the role of trade marks in undistorted competition?
Frits Loendersloot Case
Trade marks primarily ensure physical characteristics of a product are uniform.
True or False
False
Trade marks ensure trade origin and quality assurance, not physical characteristics.
Unconventional marks like shapes or colours have raised legal controversies.
True or False
True
Unconventional marks like shapes or colours have indeed raised legal controversies.
Branding allows firms to bypass the need for consistent quality assurance.
True or False
False
Branding requires consistent quality assurance to maintain consumer trust.
Globalisation has increased the appeal and power of luxury brands.
True or False
True
Globalisation has increased the appeal and power of luxury brands.
Trade marks provide an emotional and functional “quality guarantee” to consumers.
True or False
True
Trade marks provide both emotional and functional quality guarantees.
Explain why critics argue that branding fosters monopolistic behaviour in the market.
Critics argue that branding fosters monopolistic behaviour by creating artificial product distinctions and barriers to entry, allowing established brands to dominate markets.
What is meant by “consumerism” in the context of branded products? Give an example.
Consumerism refers to the tendency of consumers to buy products for their brand value rather than intrinsic quality. Example: Buying a luxury handbag for its brand status.
How has the rise of digital technologies challenged trade mark protection?
Digital technologies challenge trade mark protection by facilitating counterfeiting and unauthorised use of trade marks in online advertising and domain names.
Describe some intangible emotional appeals that brands use to attract consumers.
Brands use emotional appeals like status, uniqueness, and community belonging to attract consumers.
Summarise the significance of the L’Oréal v Bellure case in expanding trade mark law protection.
The L’Oréal v Bellure case expanded trade mark protection to include the intangible “image” power of brands, recognising their emotional and advertising functions.
What role does consumer goodwill play in the economic rationale for protecting trade marks?
Consumer goodwill plays a crucial role in the economic rationale for protecting trade marks, as it represents the trust and reputation a brand builds, leading to long-term customer loyalty and competitive advantage.
