YEAR 2018 N.º 3

ISSN 2182-9845

Distinctive brand function: enlargement or reduction of its meaning

Salomão António Muressama Viagem


Function; distinctive; mark; enlargement; reduction; meaning.


One of the unquestionable issues of trademark law is that relating to "trademark functions", which is studied both from a socio-economic perspective and from a legal point of view. Although the theme is not current, for Mozambique, an emerging country in the field of Industrial Property and of course in Trademark Law, its study is still necessary. Here, only the legal functions of trademarks, which have long been discussed, will be examined; three main functions have hitherto been identified, namely: distinctive function, guarantee function or quality, and attractive or advertising function. Among these functions, which has gathered consensus among the writers of matter, is the distinctive function. However, even in relation to this "distinctive" function, the authors differ in their understanding of their meaning. Some are of the reductive idea of the meaning of the distinctive function, others suggest a broad or at least dualistic meaning. In view of the European trademark doctrine and law and specific rules of the Industrial Property Code of Mozambique (once the Mozambican trademark doctrine is scarce), we will be careful to examine the two guidelines in order to ascertain what is closest to the current reality of brands.