Intangible assets for intangible deliverables: trade marks at your service

Abstract

Bringing together EU laws governing trade marks and services, especially Regulation 40/94 and Directive 2006/123, to examine a potentially exciting new chapter in European trade mark law: the forging of a ‘special relationship’ with EU-based B2B service firms. Services are the dominant economic business model in Europe, but nowhere near the leading value-adder; something is awry. With this in mind, if we take a look at trade marks—arguably the most down-to-earth and widespread IP right—is there anything we can learn? Prompted by this question and that little if any analysis of it exists, the prima facie observation is that community trade marks particularly provide an incentive to many service firms to ‘cross-border’ and thus add individual and cumulative welfare. The central question is whether there can be a constructive overlap between trade marks and services, bearing in mind their nature and regulatory environment. The article analyses what there is to this relationship, and what impact it has, if any. Dealing with this helps determine if together the relevant sets of laws ease the transition from national- to community-based trading for the overwhelming majority of EU businesses. The analysis provides some answers and marks a starting point for a fresh yet reassuringly ordinary dialogue within trade mark law as to its role in realizing predicted economic benefits of the internal market.