So what are the real functions that should be protected by law? Identification which has the effect of personalising goods and services, the communication function and the investment function. This being so, the Court of Justice is on the right track in achieving this.

Next to speak was Murielle Vincenti (PRADA SA, Luxembourg), speaking on protection of the PRADA portfolio: these marks are lifestyle marks, in that the products which bear them are worn and reflect the wearer's energy and emotions.  Many of the company's trade marks are surnames -- eg PRADA itself and CHURCH for shoes. Figurative marks, word and design marks and even packaging are protected too, as is colouring and lettering. The lettering of the current house style was introduced only in the 1970s.  Murielle explained that acquired distinctiveness was also important to the company, and that it was protected by design.

 Murielle emphasised that it was important for company employees to understand the significance of keeping strong protection. This included impressing the importance of IP on those responsible for setting the company's budget for protection.  When aiming for protection, consistency is preferred over local convenience, so that brands look the same regardless of the country in which they are commercialised. 

Mark Hodgin (Cadbury Holdings Limited) spoke next. on the function of brands and trade marks on impulse snacking.  "Products are made in the factory -- brands grow in the mind", he said, noting that 75% of supermarket purchases of chocolate bars are made on impulse, on a decision which takes less than 30 seconds. Design elements function as badges of origin, since they help consumers to navigate a crowded  market. Only once buyers find the product range do names become important. Colour is a major element in confectionery marks, particularly in markets where there is a low rate of literacy. Packaging functions are significant too, though it is sometimes the product function (eg sharing) rather than origin which is the message communicated.

Brand names that signal the nature or intended purpose of a product are always valuable in marketing terms -- though they are difficult to protect in a crowded market in which the product itself is small and has a limited space on which to communicate messages.  Terry's Chocolate Orange is a good example of a brand with a descriptive element that means it often has to be defended -- sometimes against others who do not realise that a term of that nature is protected. 

 To convey the message behind each chocolate brand, Cadburys' marketing and advertising -- a classic example being the gorilla playing the drums (which you can watch on YouTube here) -- has nothing to do with the product itself, but seeks to send out a message of joy, a commodity shared with the consumption of chocolate as a commodity itself.