A User's Guide to Trade Marks and Passing Off

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Bloomsbury Publishing, Feb 29, 2012 - Law - 474 pages
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A User's Guide to Trade Marks and Passing Off, Third Edition addresses the law of trade marks from a practical viewpoint, covering acquisition, loss, exploitation and infringement of trade marks, and passing off.

Breaking down the procedural matters as they relate to the filing, opposition, enforcement and revocation of trade marks, each of the topics is approached separately in order to maintain a user-friendly structure. Clear explanations of the underlying principles and concepts (for example, when is there a likelihood of confusion) help to tie the different areas together.

This third edition provides an up-to-date analysis of a rapidly evolving area of law and includes coverage of:
The UK's Trade Marks Act 1994;
The EU's Community Trade Mark legislation;
Recent cases such as: L'Oreal v Bellure, The Google France litigation, 'Vodkat', Interflora and Budvar;
The protection of Olympic symbols.

Chapter 1 Introduction; Chapter 2 What is a Trade Mark?; Chapter 3 Other kinds of mark - collective and certification marks; 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 OHIM; Chapter 9 International conventions; 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.

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About the author (2012)

Nicholas Caddick QC, Hogarth Chambers, undertakes a wide range of intellectual property work and is the specialist editor in industrial designs for Copinger & Skone James on Copyright.

Ben Longstaff, Hogarth Chambers, practises in all fields of intellectual property and assists with Copinger & Skone James on Copyright, and Clerk & Lindsell on Torts.

Contributions also from:
Christopher de Mauny, Bird & Bird LLP and Aaron Wood, UK and European Trade Mark and Design Attorney, Head of Trade Marks

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