The essential and primary function of a trade mark is to act as a badge (or indication) of origin.  This, in turn, guarantees a certain threshold of quality for the consumer.

The European Court of Justice clarified this in its decision in the case of Arsenal Football Club v Reed (2003) CMLR 481, where it was stated that “the essential function of a trade mark is to guarantee the identity of origin of the marked goods or services to the consumer or end user by enabling him, without any possibility of confusion, to distinguish the goods or services from others which have another origin.  For the trade mark to be able to fulfil its essential role in the system of undistorted competition it must guarantee that all the goods or services bearing it have been manufactured or supplied under the control of a single undertaking which is responsible for their quality”.