The communicative aspects of trade marks : a legal, functional and economic analysis.

Abstract

The Ph.D. thesis looks extensively at the history and functions of trade marks and attempts to outline a theory for trade mark protection established on their communicative aspects. The second chapter is a historical note which looks at trade marks as traces of history and sets the grounds for a functional analysis. The third chapter deals with the proprietary aspects of trade marks, seeking to establish a theoretical deontological argument for their legal protection. The functional analysis of trade marks concentrates on their contemporary role as a fiat of information between marketers, consumers and competitors. The economic analysis is developed around the dualistic nature of trade marks, being on the one hand an essential prerequisite for competition and on the other a potentially perpetual monopoly. The balance between the two as depicted by their legal protection is being continuously re-established. The main object of this thesis is to show that it is the nature of trade marks as a multidirectional system of exchange of information that must form the basis for their protection.