Introductory description

This innovative module addresses a gap in the current curriculum by connecting three interrelated areas: trade mark
law, branding strategies, and the regulatory framework governing advertising. It explores how legal protections for
trade marks intersect with the creative and strategic considerations of brand development and the rules that shape
marketing communications. The module also examines broader implications of branding for consumer trust,
particularly in relation to brand activism, environmental and health-related claims, and the socio-economic and
competitive impact of brand messaging. Overall, the module offers students a comprehensive understanding of how
brands function and are governed in contemporary marketplaces.

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

Lecture 1: Introduction and Context Part 1: Introduction to the course Part 2: Brands in context Lecture 2: Branding
Fundamentals Part 1: Creating and measuring brand equity Part 2: Brand activism Lecture 3: Misleading Commercial
Communications Part 1: ASA and CAP – overview Part 2: Relevant provisions in the DMCCA 2024 Lecture 4:
Advertising Regulation in Practice Part 1: Rules and sanctions – Health and beauty products Part 2: Rules and
sanctions – Environmental claims Lecture 5: Trade Mark Law and Brands I Part 1: Trade mark definition Part 2:
Exclusion of misleading signs Lecture 6: Trade Mark Law and Brands II Part 1: Exclusion of offensive signs Part 2:
Exclusion of bad faith and illegal signs Lecture 7: Trade Mark Law and Brands III Part 1: Measuring trade mark
reputation Part 2: Protection against dilution Lecture 8: Broader Implications of Branding Part 1: Public and social
costs Part 2: Competition issues Lecture 9: Revision and Assessment Part 1: Revision Part 2: Marking criteria and
assessment discussion

Learning outcomes

By the end of the module, students should be able to:

• Demonstrate a sound understanding of trade mark law in relation to misleading, offensive, and illegal signs, as well as dilution protection
• Communicate legal and regulatory concepts effectively in writing
• Critically assess legal and regulatory frameworks in the context of branding and advertising Formulate and support arguments on the regulation and impact of brand communication Integrate interdisciplinary perspectives in analysing branding issues
• Apply trade mark law and advertising codes to real-world branding scenarios
• Demonstrate awareness of the role of branding in corporate social responsibility and sustainability
• Conduct independent research using legal and regulatory databases and apply digital literacy skills to navigate and evaluate online advertising and branding practices
• Collaborate effectively in group discussions and tasks
• Critically assess the socio-economic impact of brand messaging and advertising practices and apply information literacy skills to assess the credibility and relevance of sources in legal and marketing contexts
• Use legal research methods to investigate regulatory issues and reflect on the ethical, legal, and strategic dimensions of branding in practice

Indicative reading list

Reading lists can be found in Talis

Research element

The module includes a research component that develops students’ ability to critically analyse branding and
advertising practices through independent legal and regulatory research. Students will engage with primary sources
such as the UK Trade Mark Register and the ASA rulings database to investigate case studies and construct
evidence-based arguments. They will apply legal research methods to explore the intersection of trade mark law,
advertising regulation, and branding strategies. This research-led approach fosters analytical rigour, information
literacy, and independent inquiry into contemporary legal and regulatory challenges in the branding and advertising
context.

Interdisciplinary

The module integrates legal and marketing perspectives to explore how trade mark law and advertising regulation
intersect with branding strategies. Students engage with key marketing concepts such as brand equity, consumer
perception, and brand activism, alongside legal frameworks governing trade marks and advertising. This
interdisciplinary approach enables students to critically assess how legal norms influence branding practices and how
brands shape consumer trust, corporate responsibility, and market behaviour.

International

The module includes an international dimension by examining how global brands adapt their strategies across
different legal and regulatory environments. While the primary focus is on the UK and EU frameworks, students will
also explore how branding practices vary in other jurisdictions. This comparative perspective enhances students’
understanding of how legal and cultural contexts influence brand behaviour in international markets.

Subject specific skills

Application of trade mark law to assess the legality of brand signs, including misleading, offensive, and illegal marks

Interpretation of advertising codes and regulatory frameworks, particularly the UK’s self-regulatory system (ASA, CAP) and the DMCCA 2024

Legal analysis of brand communication strategies, including green claims, health and nutrition advertising, and brand
activism

Integration of legal and marketing perspectives to evaluate the protection and regulation of brands in commercial
contexts

Case-based reasoning and problem-solving using real-world branding and advertising disputes to apply legal
principles in practice

Transferable skills

Written communication skills, through structured legal analysis and assessment tasks

Digital literacy, including the ability to critically assess online advertising and use digital tools for research

Information literacy, by identifying, evaluating, and synthesising sources from legal, regulatory, and marketing
domains

Teamwork and collaboration, developed through seminar-based group activities and discussions

Problem-solving and critical thinking, applied to real-world branding and regulatory challenges

Legal and regulatory research skills, including the ability to search and interpret decisions from the ASA database and entries in the UK Trade Mark Register