Brand Britain: Representations of "Britishness" in Australian Trade Marks

Abstract

This article explores issues of propertization through trade mark registration of brands comprised of words of prima facie national geographical and nationalistic significance. There are clear links between brands and trade marks, but the two are not equivalent. Whilst it is said that 'anything can become a brand,' the framework of trade mark law as it has developed in the common law legal system and is increasingly harmonized by international conventions mandates that not just anything can become a trade mark. This article explores different perspectives of the legal and commercial roles of brands and trade marks in order to distinguish them and clarify their symbiotic relationship. This creates a foundation upon which to challenge the nature of a brand as private property, in particular brands comprised of words of prima facie national geographical and nationalistic significance.