Book contents
- The Cambridge Handbook of International and Comparative Trademark Law
- The Cambridge Handbook of International and Comparative Trademark Law
- Copyright page
- Contents
- Editors and Contributors
- Foreword
- Preface
- Part One International Aspects of Trademark Protection
- Part Two Comparative Perspectives on Trademark Protection
- I The Nature and Functions of Trademarks
- II Signs That Can Be Protected as Trademarks
- III Public Policy Limitations of Trademark Subject Matter
- IV The Relationship between Trademarks and Geographical Indications
- V Certification and Collective Marks
- 17 Anglo and EU Frameworks for Certification and Collective Trademarks
- 18 Certification and Collective Marks in the United States
- VI The Relationship between Trademark Law and Advertising Law
- VII The Relationship between Trademark Law and the Right of Publicity
- VIII Trademarks and Domain Names
- IX Overlapping Rights
- X Theories Underlying the Standards for Trademark Infringement
- XI Trademark Dilution
- XII Secondary Trademark Liability
- XIII Trademark Defenses
- XIV The Principle of Exhaustion of Trademark Rights
- XV Trademark Transactions
- Index
17 - Anglo and EU Frameworks for Certification and Collective Trademarks
from V - Certification and Collective Marks
Published online by Cambridge University Press: 18 September 2020
- The Cambridge Handbook of International and Comparative Trademark Law
- The Cambridge Handbook of International and Comparative Trademark Law
- Copyright page
- Contents
- Editors and Contributors
- Foreword
- Preface
- Part One International Aspects of Trademark Protection
- Part Two Comparative Perspectives on Trademark Protection
- I The Nature and Functions of Trademarks
- II Signs That Can Be Protected as Trademarks
- III Public Policy Limitations of Trademark Subject Matter
- IV The Relationship between Trademarks and Geographical Indications
- V Certification and Collective Marks
- 17 Anglo and EU Frameworks for Certification and Collective Trademarks
- 18 Certification and Collective Marks in the United States
- VI The Relationship between Trademark Law and Advertising Law
- VII The Relationship between Trademark Law and the Right of Publicity
- VIII Trademarks and Domain Names
- IX Overlapping Rights
- X Theories Underlying the Standards for Trademark Infringement
- XI Trademark Dilution
- XII Secondary Trademark Liability
- XIII Trademark Defenses
- XIV The Principle of Exhaustion of Trademark Rights
- XV Trademark Transactions
- Index
Summary
Ordinary trademarks promise consistent quality. This promise is the quid pro quo for the trademark proprietor’s right to control the goodwill symbolized by the mark. Subject to external regulatory controls (safety standards, truth in labeling laws, etc.), it is largely up to the trademark proprietor to set its own standards. If a firm wants to attach its brand to a chocolate product containing low levels of cocoa butter, that is its prerogative.1 It will be motivated to do so if consumers signal their approval with purchases. In these days of incessant licensing of trademarks, consumer confidence is grounded as much in the ability of trademark proprietors to control quality as in any obligation imposed on trademark proprietors to exercise quality control.2 In theory, consumer responses will provide the necessary incentive for trademark proprietors to police supply chains and licensees, so as to ensure that products and services bearing the mark live up to the relevant standards. In other words, insofar as trademark law is concerned, market responses largely dictate the level of trademark proprietors’ investment in standards, not external controls.
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- Publisher: Cambridge University PressPrint publication year: 2020