Brands and corporate power

This article argues that brands, with trade marks as their legal anchors, are important sources of corporate power and have facilitated a significant expansion of this power. Trade mark law has contributed to the development of firms and to the rise of powerful business actors that rely on strong marketing presences based on brands to attract demand, but use flexible supply chains to meet this demand. This article considers the relationship between trade marks and brands and the kinds of corporate power to which brands can contribute. It shows how brands have enabled some firms to transform their activities in response to changing economic and social conditions and even to transform themselves as business actors. Whilst trade mark law provides some mitigation of the power that brands can confer, it can still be substantial and to some extent of questionable social value.