Die Funktionen der Marke im Wandel und die Auswirkungen auf den Verletzungstatbestand

A trademark is more than just an indication of commercial origin: Enriched with a certain brand image, trademarks have developed into an effective advertising medium. But does this mean that every case which affects a trademark in this respect should be subject to trademark law? This thesis examines whether the function-orientated concept of use and the opening for the further trademark functions still fit into the current trademark law. In this regard, it is, inter alia, taken into account whether the origin function continues to be anchored in trademark law as the feature that constitutively determines the character of trademarks. Alternatively, uses which do not accord with the origin function could be covered by competition law.