Fhima, Ilanah;
(2025)
Diversity and Trade Mark Law.
GRUR International
, Article ikaf013. 10.1093/grurint/ikaf013.
(In press).
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Abstract
This editorial argues that trade mark law has not paid sufficient attention to diversity. Drawing on the author’s forthcoming research, the treatment of the registration and enforcement of minority language terms is contrasted with the interests of minorities in being free from offensive marks. In relation to minority languages, the central role of the ‘average consumer’ in determining meaning has meant that little attention has been given to minority understanding of trade marks. By contrast, when it comes to offensive marks the interests of minorities have been centre-stage and the average consumer has played a lesser role. However, it is argued that even in this latter context, difficult issues regarding the relationship between trade marks and the protection of diversity interests have been glossed over and indeed where the average consumer has made an appearance, her impact has been to complicate the protection afforded to minorities.
| Type: | Article |
|---|---|
| Title: | Diversity and Trade Mark Law |
| DOI: | 10.1093/grurint/ikaf013 |
| Publisher version: | https://doi.org/10.1093/grurint/ikaf013 |
| Language: | English |
| Additional information: | This version is the author-accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10204473 |
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