Focuses on the current law relating to the protection of registered trademarks and certain related rights. This includes registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and passing off.
There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together.
Individual topics covered include: Kit-Kat - when can 3D shape marks benefit from 'acquired distinctiveness'? Whether colours may form part of 3D shape marks - Louboutin Infringement by 'wrong way round' confusion Limitations on the own-name defence Calculation of damages, and the availability of blocking injunctions
Read an extract of A User's Guide to Trade Marks and Passing Off
Table of Contents
Chapter 1 Introduction Chapter 2 What is a trade mark? Chapter 3 Other kinds of mark-collective and certification marks, and protected descriptions Chapter 4 Absolute grounds for refusal Chapter 5 Relative grounds for refusal of registration; trade mark functions; honest concurrent use Chapter 6 Classification Chapter 7 UK procedure for the registration of a trade mark Chapter 8 Application procedure before EUIPO Chapter 9 International conventions-the Madrid System Chapter 10 Representation Chapter 11 Invalidity Chapter 12 Revocation Chapter 13 Ownership of and dealings with trade marks Chapter 14 Infringement and parties to infringement actions Chapter 15 Defences, disclaimers and limitations Chapter 16 Comparative and misleading advertising, and malicious falsehood Chapter 17 Remedies Chapter 18 Groundless threats Chapter 19 Criminal offences Chapter 20 Passing off Chapter 21 Olympic symbols Appendices Appendix 1 Trade Marks Act 1994 Appendix 2 Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (codification) Appendix 3 Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks