This paper traces the emergence of a new res or object of protection within European trade mark law. Proprietary rights in trade marks have conventionally been premised upon the mark’s ability to communicate useful information; namely, indicating the commercial source of goods or services, also referred to as the essential function of a trade mark.
Dr. Dev Gangjee lectures at the London School of Economics, with a primary research interest in intellectual property, including trademarks, geographical indications and domain names. Robert Burrell and Dev Gangjee have recently completed some research into the potential of free speech as a response to overreach in trade mark law. While the general tone of […]
Dr. Dev Gangjee (London School of Economics) has a primary research interest in intellectual property, including trademarks, geographical indications and domain names. He is also an IP Osgoode Research Affiliate. Can a building be a trade mark? Should a building be a trade mark?1 In recent years, trade mark registries and courts have grappled with applications […]