ABSTRACT

Traditionally, the function of a trade mark has been perceived as being a reliable indicator of the origin of goods to the consumer, so that the owner of the mark should be able to bring an action against a competitor who uses a similar mark so as to confuse the consumer as to the origin of the competing goods. Trade Marks Law within the European Community has just been the beneficiary of a massive programme of reform and innovation under the stimulation of the single market initiative. The problems associated with a basically national approach to the protection of intellectual property, with the limited geographical extent of rights thus conferred, became obvious in the nineteenth century as trade became increasingly less local and more international in character. The problems associated with a basically national approach to the protection of intellectual property became obvious in the nineteenth century as trade became increasingly less local and more international in character.