Trademark functions

In accordance with Art. 3, Law no 84/1998 the trademark represents a sign susceptible to graphic representation distinguishing one product or service from another that belongs to a different natural or legal persons. Art.4 stipulates that the right over the trademark is gained and protected by being registered
at OSIM.

In the context of these provisions two trademark functions appear:
The protective function;
The distinctiveness function.

Yet, the total number of commercial relationships, their complexity related to a product promotion on the market, their distribution and maintence in a long and tough competition, direct or indirect relations among the products beneficiaries, between manufacturer and trader, all these require a range of other functions, each one with a well defined role in the marketing strategy of an enterprise.

The most important functions are:
Indication of the provenience; Quality warrantee; Reputation; Distrbution; Communication; Advertising; Commercial function; Control function; Market management.
Economically speaking the trademark is appreciated as being a phenomenon that exerts an extremely high pressure on the market. Therefore, to understand better its economical importance one ough to know its functions that interfere, influence, even condition each other, and cannot be strictly delimited.