Traditionally, the rationale behind apposing brand names on
goods is to help customers distinguish between similar products and
ensure that manufacturers produce work of consistent quality. While
still true, in our contemporary society, brand names have acquired
a purpose beyond consumer protection. Brand names are now viewed by
manufacturers as business assets, helping in the sale and marketing
of their goods.1 Huge investments are made in designing,
launching and promoting brand names.
Trade marks are an important part of a brand strategy. As a
unique identifier, a trade mark helps prevent competitors from
stealing the brand image or creating similar identities likely to
cause confusion. Monetary value is assigned to trade marks, going
up to staggering amounts, and a significant zeal is often shown in
protecting trade marks from infringers and counterfeiters. This is
particularly true for well-known trade marks, which are heavily
marketed, widely recognised and
