As noted, many of the cases discussed in this article are ultimately concerned with determining the scope of rights, if any, granted by a trademark beyond its essential function of indicating trade origin. This issue was identified by the AG in L'Oreal v Bellure as a major area of uncertainty and as requiring urgent clarification by the ECJ.13 Although, disappointingly, the AG left the question unresolved, it is to be hoped the ECJ will take the opportunity shortly to address it in detail.
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