Journal article

Towards a New Relationship Between Trade Mark Law and Psychology

Robert Burrell, Kimberlee Weatherall

Current Legal Problems | Oxford University Press (OUP) | Published : 2018


Trade mark law and cognitive psychology are both concerned with establishing the mental states of consumers: in theory then we might expect these disciplines to have a close relationship, and to be engaged in ongoing dialogue. This is not the case and on further examination, real difficulties emerge, especially arising from trade mark law’s registration system. It is not simple to reconcile the goals, and the philosophical foundations, of these two disciplines. This article makes the argument that insights from psychology can play an important role in trade mark law, but for that to happen, we need to move away from the idea that insights from psychology are only useful to decide particular d..

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University of Melbourne Researchers


Awarded by Australian Research Council

Funding Acknowledgements

This research was supported by Australian Research Council Linkage Grant LP120100249. Financial support for the project came from the Australian Government (via the Australian Research Council), and IP Australia: The Federal Court of Australia, Treasury Wine Estates, and Carleton & United Breweries were non-financial partners who were consulted during the course of the research.