Genuine use of Trademarks, 2nd Edition

Author: Eléonore Gaspar
Publisher: Kluwer Law International
ISBN: 9789403528335

Previous Edition ISBN: 9789403505633
Published In: August 2021
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,910.63

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Description
Contents
Author

Details

Genuine Use of Trademarks is developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI) that is dedicated to improving and promoting the protection of intellectual property at both national and international levels. Since the first edition of this book in 2018, there have been significant modifications in some countries following the implementation of EU Directive 2015/2436. Laws around the world do not attach the same consequence to the lack of use of a trademark, and courts do not always assess in the same way whether a trademark is genuinely used. Addressing the issue of trademark use that may be required for the protection and/or maintenance of trademark rights, this book provides clarity, insight, and guidance on the legal issues and practical implications of genuine use of trademarks in twenty-six jurisdictions worldwide.

What’s in this book:

The contributors have extensive experience and in-depth knowledge in trademark protection in their respective jurisdictions. Each chapter considers issues and topics along with case law examples, including the following:

types of use that qualify as genuine use of a trademark, including requirements as to whether uses are consistent with the function of the trademark;
requirements as to the volume, duration, and frequency of use;
impact of the trademark’s designation of goods and services;
issues relating to the sign used, particularly, if it is used in a different form from the registered trademark, including consideration of alteration of the distinctive character, or the potential impact of a plurality of registered trademarks for different signs, or the question of use in black and white or in colour;
proof for the genuine use as a trademark, including timing and territory;
situations in which the genuine use can be of importance;
valid reasons for non-use; and
consequences of lack of use depending on the context, including possible revocation of trademark rights.

How this will help you:

One of its kind, this comparative law study is of tremendous practical interest. Trademark owners, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. Moreover, as a comprehensive resource, this book will prove to be a valuable resource for academics and researchers interested in international harmonization of trademark law.

List of Contributors

Table of Abbreviations

Foreword

Hao Ma, President of AIPPI

Argentina

Graciela Claudia Pérez de Inzaurraga

Australia

Mark Metzeling and Sarah Matheson

Benelux

Emmanuel Cornu

Brazil

Elisabeth Siemsen do Amaral and Rafael Atab

Canada

Paula Clancy, JD

China

Lena Shen

European Union

Alexander von Mühlendahl

France

Eléonore Gaspar and Laurine Janin-Reynaud

Germany

Rainer Böhm and Sandra Müller

Israel

Avi Ordo and Moran Katz

Italy

Gualtiero Dragotti and Elena Varese

Japan

Masako Nishimura

The Republic of Korea

Seung Yong Lee and Doug Jay Lee

Malaysia

Karen Abraham and Janet Toh Yoong San

Mexico

Eduardo Kleinberg

The Philippines

Aleli Angela G. Quirino and Victor Basilio n. De Leon

Poland

Bartosz Krakowiak and Klaudia Blach-Morysin´ska

Russia

Denis Voevodin and Valeria Larionova

Singapore

Stanley Lai, SC

Spain

David Gómez and Pedro Merino Baylos

Sweden

Karin Cederlund, Dan Eklöf and Anders Kylhammar

Switzerland

Thierry Calame

Thailand

Say Sujintaya

Turkey

E. Kerim Yardimci and Sarper Sever

United Kingdom

Paul A. Harris and Jan M. Vleck

United States

Dennis Prahl

Eleonore Gaspar is a partner at the law firm Duclos, Thorne, Mollet-Viéville & Associés (DTMV) in Paris and is an attorney-at-law specialized in IP (trademarks, designs, copyright and patents).