"The case law on trade mark rights is arguably more sophisticated in Europe than in the US. Of course, it is possible to analyse the case law from a strict, positive point of view; however, considering what the case law reveals, it is more interesting to adopt a forecasting approach. In this approach, the trade mark appears as having two real functions: indication of origin and function ‘of attraction’. Today, the sign by itself has its own value (perhaps not the case for all trade marks but certainly to some in addition to ‘well-known’ marks). The consumer buys into a dream. Lawyers must not ignore that. The assertion of this short paper is that these two functions must receive protection and that this must be achieved within trade mark law if the law is to be in harmony with society".

The most recent issue of World Trademark Review (WTR, December/January) has plenty to appeal to the European-oriented trade mark expert. Gratifyingly, this issue offers some of the highlights from this year’s MARQUES annual conference which, as WTR puts it, "offered an intriguing glimpse at the future of trade mark practice". There's also a summary of the key findings that emerged on publication of the European Commission's “Intellectual Property Rights-Intensive Industries: Contribution to Economic Performance and Employment in Europe”,the study carried out by OHIM and the EPO into the economic impact of intellectual property across the continent.