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Michal Ephratt, University of Haifa, Israel, "Word
marks: Economic, legal and linguistic entities", International Journal
for the Semiotics of Law / Revue Internationale de Sémiotique Juridique
IX/27 (1996), 257-286: Word marks uniquely merge issues of three autonomic
academic disciplines: economics, law and semiotic-linguistics. Word marks
do not constitute a homogeneous linguistic group. What brings them together
is their unique economic-legal status. We examine the grounds stated in
trade mark legislation and court judgments in terms of transparency measures.
We show that the less transparent a sign is, the more likely are its prospects
of obtaining the status of a word mark. There appears to be a trade-off
between transparency and reputation, which holds both in registration and
more so in passing-off law. Key words: trade mark; transparency; UK Trade
Marks Act 1994; reputation. (e-mail: RHLH702@UVM.HAIFA.AC.IL)
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