The Trademark as a Cultural and Meritocratic Phenomenon of Ownership

PhD Project

Trademark protection has expanded globally in recent decades. Initially, the aim was to inform consumers about the origin of a product, facilitate purchasing decisions, and promote quality standards. However, new functions are increasingly being recognised, particularly by the courts. These are based on the acknowledgment of economic functions that trademarks fulfil. Legislators have also contributed to this phenomenon: with protection against dilution, trademarks with a certain degree of recognition enjoy expanded protection. Consequently, elements with a property-like structure are emerging alongside consumer protection.

The aim of the research project is to gain specific insights into trademark law and issues concerning protection, which will also provide insights into the legitimacy of subjective rights in general. The question of whether the expansion of protection in trademark law can be justified is to be elevated to a meta-level in order to contribute to the question of what the fundamental purpose of the law is when providing subjective rights.