This book is concerned with the nature and function of modern trademarks,a subject which has been surprisingly ignored by contemporary writers. There is a large and quite technical body of rules which regulate when people may use particular symbols in a particular way. These are the symbols which permeate everyday life, and which, from time to time, become cultural icons. There is also a large body of writing on the economic functions of trademarks. The aim of this book is to offer a systematic examination of the function of trademarks and the purpose of the law protecting trademarks within the context of the economic function of this branch of the law.



One of the main premises on which the work proceeds is that the modern trademark is a creature of the post-industrial consumer society that has been protected for fear of the anticipated consequences of not providing protection. This forms the backdrop to a careful examination of the law of trademarks and related areas, such as merchandising, brand advertising, trade dress protection and comparative advertising, and informs the author's legal analysis and conclusions.

Chapter 1-The Background and Scope of Modern Trade Mark Protection
Chapter 2-Modern Phenomena in Trade Mark Use: Branding and Merchandising
Chapter 3-Trade Marks in the Market Economy
Chapter 4-The Basis of Protection
Chapter 5-Other Protection Issues: Comparative Advertising and Trade Dress
Chapter 6-Conclusions on the Rationale of Trade Mark Protection

“This is a lively and intelligent book. By drawing from a wide range of sources, including legal texts, case law, marketing studies, economic theory and histories of trade marks, he places trade marks and the relevant law within a broad perspective and offers a refreshingly nuanced account of the subject.” –  Jennifer Davis, Cambridge Law Journal

“Pickerings book is a significant contribution to intellectual property jurisprudence and a powerful corrective to the notion that theory has only a limited role to play in this area of the law.” –  Michael Blakeney, European Intellectual Property Review