ABSTRACT
This paper examines whether the origin function remains the central pillar of trademark law in the UK, EU, and US. It analyses the historical development of the origin function, its interaction with other trademark functions, and the challenges posed by non-traditional marks. Drawing on case law, statutory frameworks, and academic commentary, the paper argues that while the origin function continues to underpin registration and infringement, contemporary trademark law increasingly accommodates protection based on reputation, investment, and dilution. The comparative approach highlights both convergence and divergence across jurisdictions, suggesting that the origin function is no longer the sole determinant of trademark protection but remains essential as a doctrinal anchor.
Shariar, Shabab, The Origin Function and Beyond: Expanding the Core of Trademark Law in the UK, EU, and US (April 5, 2025).
Leave a Reply