Answer :
Final answer:
In UK trade mark law, 'goodwill' is generated through continuous use of the mark over a significant time by which the mark gains reputation or recognition among consumers. The consumers begin to associate the mark with the quality of the goods or services it represents. This is how commercial value or 'goodwill' is created.
Explanation:
In UK trade mark law, 'goodwill' is generated by the use of the mark when it has gained a reputation or recognition among consumers to the extent that they associate the mark with the quality of goods or services it represents. Establishing 'goodwill' requires continuous use of the mark in trade, commonly over a significant period of time. The mark should be used in a manner that consumers identify it with the specific goods or services and not just as a generic term or symbol. This association imbues the trade mark with a commercial value, thus creating 'goodwill'.
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