A Guide to Trade Mark Law and Practice in Ireland

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Bloomsbury Publishing PLC, Jul 31, 2011 - Law - 565 pages
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This book covers the law and practice of trade mark law in Ireland and at the Office for Harmonization in the Internal Market (OHIM). It clearly and concisely explains the basic legal principles and practical procedures surrounding the registration and enforcement of trade marks, and includes an examination of the following legislation: The Irish Trade Mark Act, 1996 and 1996 Rules * The Patents (Amendment) Act, 2006 * The Community Trade Mark Regulation 207/2009 * The Madrid Agreement and Protocol systems * The Paris Convention * relevant case-law and leading cases. Contents include: pre-filing issues * application * grounds for refusal of a trade mark - absolute and relative * opposition procedure * registration of a trade mark * infringement * enforcement issues * passing off and remedies * defenses and groundless threats * certification and collective trade marks * how to remove a trade mark from the register * revocation * invalidity * surrender/withdrawal * renewal of registrations * ownership and recordal issues (assignments, licenses, security interests, mergers, changes of ownership details, testamentary dispositions) * exhaustion of trade mark rights and parallel imports * anti-counterfeiting and customs * comparative advertising * protected geographical indicators * quick over view of trade mark law in the main markets (the UK, the main European countries, the US, Australia, the Middle East, India, and Japan) * how to qualify as a trade mark agent in Ireland.

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About the author (2011)

Helen Johnson qualified as a Barrister in 2000 and as a European Trade Mark and Design Attorney and Registered Irish Trade Mark Agent in 2008. Having worked for an IP firm in Dublin where she advised clients on the prosecution of trade mark applications and contentious matters, she returned to practice at the Bar in 2010 where she now specialises in IP. She is the course tutor for the Law Society's Diploma in IP/IT, editor of the Irish Intellectual Property Law Journal and a member of the Board Of Appeal at Community Plant Variety Office.

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