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Nevertheless, the exercise of this one exclusive right conferred on the owner of…
Moreover, a trade mark owner cannot always exercise his exclusive rights to prevent…
However, the next paragraph of Article 7 provides an exception to this provision.…
The aim of this research is to examine the consequences of the expansion of the scope…
Hence, the scope of the exclusive trade mark rights given to trade mark owners under…
The origin function of a trade mark differs from the other functions inasmuch as…
It is important to note that the functions that a trade mark performs have been developed…
2.2. Definition of Trade Mark
Prior to examining origin function of a trade mark in detail, we will briefly explain…
Trade mark is a merchant symbol used on products to express message to consumers.…
Trade marks historically had a single and simple function, that is to identify the…
With the growth in organized trade and the increasing use of trade marks by producers…
Article 2 of the TMD (12) defines a trade mark as “…any sign capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or
Although the definition of trade mark is given, the functions that a trade mark performs…
2.3. Origin Function of Trade Mark
The CJEU has defined the essential function of trade mark and repeated the same definition…
Here, it is important to explain briefly the role of the “sign” as the origin function…
This distinctive character requirement corresponds to the origin function of a trade…
“A trade mark is a badge of origin or source. The function of a trade mark is to…
As briefly explained above, in order for a sign to be registered as a trade mark,…
Thus, we will examine the history of the trade mark so as to understand origin function…
2.3.1. Pre-Industrial Period
2.3.1.1. Ancient Times
Though trade mark law took shape as a separate and recognized area of law over the…
However, any use of a mark on products cannot necessarily be counted as a trade…
The majority of the known oldest marks are borne by pottery, the remains of which…
In Ancient Rome, it was certain that some of the marks on Roman pottery were true…
Beside the pottery marks, oil lamps, knives, swords and other iron items bearing…
Roman traders used these marks on their products as a response to the expansion of…
“All of this shows us a side of Roman commercial relations, although resting on different…
Drescher also comments on Roman trade marks as follows: …
“ The application of … marks … to goods traded over great distances represents trademark…
Hence, Diamond comes to the conclusion that roman trade marks performed the same…
In my opinion, there are some similarities between the trade mark of ancient times…
2.3.1.2. Medieval Times
With the fall of the Roman Empire, the elaborate and highly sophisticated system…
Different kinds of marks were used in medieval times. It is possible to divide medieval…
“One theory is that in early times some kind of mark was fixed on the ridge pole…
Having said this, Schechter divided medieval marks into two main categories: “merchants’…
It has already been noted that medieval industry regulated by guilds, organisations…
“[A] Baker must set his owne proper marke upon every loafe of bread that hee maketh…
Medieval production marks were the indicators of source, like modern trade marks.…
Having said this, medieval mark owners’ individual liability for defective work warranted…
Another difference between medieval marks and modern trade marks is pointed out by…
2.3.2. Industrial Period
The industrial revolution, which commenced in Britain in the eighteenth century,…
With the industrial revolution, especially in the late the nineteenth and early twentieth…
“All the US companies in the late nineteenth and early twentieth century that became…
2.3.2.1. Emerge of Modern Trade Mark Law
The increased use of trade marks in this period caused malicious attempts. Unauthorised…
“22 Eliz. an action upon the case was brought in the Common Pleas by a clothier,…
However, Southern v How was disregarded as the earliest basis for trade mark law in English legal history with the discovery of Sandforth’s Case which…
Although there was protection in the use of a trade mark in those cases, it had no…
“it is possible that this right was recognized as early as the reign of Queen Elizabeth…
