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Trade Marks and the Consumer Society

This article considers how trade marks have increased the ability of some firms to attract demand to their products through exploiting the transformation of the nature of consumption associated with the rise of the “consumer society” or “consumerism”. This has involved trends such as the rise of advertising and brand-based marketing, a greater emphasis on the presentation, design and other aesthetics of products, the marketing of “novelty” in various forms along with the rapid upgrading of products and the cultivation of brands as focal points for “values, attitudes and lifestyles” (“VALs”) marketing. As the legal platform for branding, trade mark law has enabled some firms to engage in these practices and attract demand to their products despite the space that may lie between them and consumers in the age of market globalisation. The paper considers the social value of this contribution and relates it to broader issues of business ethics and social responsibility.