Det effektiva varumärket - Om varumärkets funktioner och degeneration

This essay discusses the legal and economic functions of the trademark and furthermore the degeneration of trademarks. These two concepts are strongly connected as the primary function of the trademark is the ability to separate the proprietor of the trademark’s product from the competitors´ products. The ability to separate is the basic condition for receiving legal protection. Through degeneration the trademark loses this ability to separate the product and becomes a generic term for the category of the product. The trademark is in many ways a company’s most valuable asset, hence it is the link to consumers. The essential economic function of the trademark is the competitive ability on the market. The trademark can be communicated to the consumers by marketing and show different kinds of qualities as origin, quality guarantee etc. It is this connection between the company and the consumers that is protected and also what will be lost through degeneration. The reasons for degeneration are among other things incorrect usage by the proprietor of the trademark himself, incorrect usage by retailers or others commercially connected with the product or when it exists a need for a generic term. To prevent degeneration the proprietor of the trademark needs to take an active part in preventative strategies against incorrect usage, for example creating adequate supplementary generic terms and take care of the trademark in general