A Guide to Trade Mark Law and Practice in Ireland

A Guide to Trade Mark Law and Practice in Ireland cover

A Guide to Trade Mark Law and Practice in Ireland

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Pre-order. Available 09 Feb 2023
€175.00

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Description

A key text in trademark law, this title provides a comprehensive overview of the law and practice of trade mark law in Ireland and under European Union Intellectual Property Office (EUIPO) and World Intellectual Property Office (WIPO), enabling you to understand the basic legal principles and practical procedure surrounding the application, registration and enforcement of trade marks in these jurisdictions.

Written in a simple and comprehensible manner, this book is an introduction to the practice and procedure of trade marks in Ireland and on a pan-European level. Steering clear of confusing legal jargon, it explains the main trade mark principles clearly and concisely so that non-lawyers and lawyers alike will find the text accessible and highly practical.

The second edition of this title covers new legislation which has been enacted since the first edition, including:
- Irish Trade Mark Act 1996 (as amended)
- Irish Trade Mark Rules 1996 (as amended)
- The Copyright and Other Intellectual Property Law Provisions Act 2019
- The Public Health (Standardised Packaging of Tobacco) Act 2015

A number of recent authorities are also considered, such as:
- Diesel SpA v Controller of Patents, Trade Marks and Designs [2016] IEHC 415
- Galway Free Range Eggs Limited v O' Brien and Others [2016] IEHC 249
- Nutrimedical BV & anor -v- Nualtra Limited [2016] IEHC 261; [2017] IEHC 253
- Aldi v Dunnes Stores [2019] IESC 41

It is an indispensable guide for lawyers, those working in the area of IP, candidates intending to sit the Irish Patent Office trade mark agent exam, sole traders and entrepreneurs.

Table of Contents

INTRODUCTION AND APPLICATION FOR REGISTRATION
Chapter 1 What is Intellectual Property?
Chapter 2 The Law and Changes at EU Level
Chapter 3 Trade Marks and Pre-Filing Issues
Chapter 4 The Register
Chapter 5 Trade Mark Searching
Chapter 6 The Irish Application
Chapter 7 The European Trade Mark Application
Chapter 8 The International Application

EXAMINATION OF AN APPLICATION
Chapter 9 Absolute Grounds for Refusal
Chapter 10 Registering Conventional and Non-Conventional Signs
Chapter 11 Relative Grounds for Refusal
Chapter 12 State Emblems, Protected Marks and Well-Known Marks
Chapter 13 Publication

OBJECTING TO REGISTRATION
Chapter 14 Observations
Chapter 15 The Opposition process in Ireland
Chapter 16 The Opposition process at the EUIPO
Chapter 17 Proof of Use in Oppositions
Chapter 18 Bad Faith
Chapter 19 Appeals
Chapter 20 Conversion of an EUTM
Chapter 21 Transformation of an International Application

ENFORCEMENT OF RIGHTS
Chapter 22 Infringement
Chapter 23 Passing Off
Chapter 24 Main Defences
Chapter 25 Other Defences (Comparative advertising, exhaustion and recently introduced defences)
Chapter 26 Remedies and Jurisdiction

RESTRICTING UNAUTHORISED TRADE MARK USE ONLINE AND IN TRANSIT
Chapter 27 Online Infringement
Chapter 28 Web-Blocking Injunctions
Chapter 29 Trade Marks and Domain Names
Chapter 30 Anti-Counterfeiting and Customs
Chapter 31 The Doctrine of Exhaustion and the Law of Parallel Imports

REMOVAL OF A TRADE MARK FROM THE REGISTER
Chapter 32 Revocation
Chapter 33 Invalidity
Chapter 34 Surrender

DEALING IN TRADE MARKS
Chapter 35 Registration and Matters Affecting Trade Marks
Chapter 36 Renewals and Restoration
Chapter 37 Assignments, Licences and Recordals
Chapter 38 The Controller

OTHER MARKS
Chapter 39 Protected Geographical Indications, Protected Designations of Origin, Traditional Specialities Guaranteed
Chapter 40 Certification and Collective Trade Marks

OTHER
Chapter 41 Trade Mark Protection post Brexit
Chapter 42 An Overview of the Main Markets

Product details

Published 09 Feb 2023
Format Paperback
Edition 2nd
Extent 600
ISBN 9781526517654
Imprint Bloomsbury Professional
Dimensions 234 x 156 mm
Publisher Bloomsbury Publishing

About the contributors

Author

Helen Johnson

Helen Johnson is a Barrister-at-Law, specialising…