Details
The Modern Law of Trade Marks is a comprehensive guide on trade mark law enabling practitioners to provide clients with effective advice with the best possible support and authority. It includes detailed analysis of important UK and European legislation and decisions, in-depth commentary on the complexities of the Trade Marks Act 1994 and the Madrid Protocol and the CTM Regulation.
All aspects of registered trade marks are included, together with information on applications, registration, protections and infringement. Divided into 7 parts, key topics covered are: Background to the Law; Registered Marks; Passing Off; Civil Proceedings; Customs and Criminal Offences; International Treaties; and the Community Trade Mark.
New to the fourth edition:
- Up-to-date versions of Trade Marks Act 1994, Trade Mark Rules 2008, Community Trade Mark Regulation 2006 and Trade Marks (International Registration) Order 2008
- Current texts of the Community Trade Mark Regulation and Implementing Regulations, Trade Mark Harmonisation Directive, Comparative Advertising Directive, the Regulation and implementing Regulation on the Protection of Geographical Indications and Designations of Origin
- Madrid Agreement and Protocol, and the relevant provisions of the Paris Convention and TRIPs
- All significant national case law and rulings of the CJEU and the General Court, including decisions in L’Oreal v Bellure, the growing series of ‘adword’ and meta tag cases, Cipriani and Mastercigars and manufacturing fiction cases relating to counterfeit goods in transit
- Rewritten chapters on passing off, criminal aspects of trade mark law and border controls, including a new section on the recently established Company Names Tribunal
Increased coverage on the use of trade marks online and in the context of the internet
PART I - GENERAL INTRODUCTION;
1. Subject matter and history of the law;
PART II - REGISTERED MARKS;
2. The Comptroller-General and the registry;
3. Representation at the registry;
4. Definition of a trade mark;
5. Registrability;
6. Conflict with earlier rights;
7. Loss of rights and rectification;
8. The application for registration;
9. Procedures after acceptance and registration;
10. Special categories of trade marks;
11. Registered trade marks as property;
12. Infringement and protection of well-known marks;
13. Threats;
PART III - PASSING OFF AND MISCELLANEOUS;
14. Passing off;
15. Malicious falsehood, trade libel, defamation, the Company Names Tribunal and human rights;
PART IV - SPECIAL TOPICS;
16. Exhaustion of the rights conferred by a trade mark;
17. The Internet and domain names;
18. Protected designations of origin and protected geographical indications;
PART V - CIVIL PROCEEDINGS;
19. Domestic procedure and remedies;
20. Procedure in the Court of Justice of the European Union and the General Court;
PART VI - CUSTOMS AND CRIMINAL OFFENCES;
21. Border controls ? domestic procedure and proceedings;
22. Border controls ? the European procedure;
23. Criminal aspects of the law of trade marks;
PART VII - INTERNATIONAL TREATIES;
24. International registration under the Madrid Protocol;
25. The Paris Convention and the TRIPS Agreement;
PART VIII - THE COMMUNITY TRADE MARK;
26. The Community Trade Mark Regulation and its implementation in the UK;
27. The Community Trade Mark Regulation: the law relating to trade marks;
28. Applications for Community trade marks;
29. Registration procedure;
30. Maintenance of the Community trade mark and cessation or loss of rights;
31. Procedure before the Office;
32. Appeals;
33. Community collective marks;
34. Proceedings for infringement;
APPENDICES
By Christopher Morcom QC; Ashley Roughton; and Thomas St Quintin, Hogarth Chambers
Reviews of the previous edition
"...Trademark practitioners will find the extensive treatment of registration practice most useful. Additionally, the long list of examples from the case law of conflicts between marks and the resulting decisions of the relevant courts and government bodies is a helpful guide for formulating opinions. Also particularly useful is the Appendix, Useful Website Addresses, which provides a list of worldwide websites relevant to even the most seasoned trademark practitioner..." THE TRADEMARK REPORTER - SEPTEMBER 2008
"...As you would expect in this vast and comprehensive treatise, we get full commentaries on the core subjects of registrability, infringement, use and exhaustion of rights of UK and Madrid marks and CTM?s, but there are bonuses in good and compact chapters on passing-off, the internet, PDOs, procedure before the CFI and the ECJ customs and criminal offences..." CIPA JOURNAL - SEPTEMBER 2008
"...overall, The Modern of Law Trade Marks is a useful reference that should be in the library or on the desk of every trademark practitioner focused on U.K. law..." PHILLIP BARENGOLTS, THE TRADEMARK REPORTER, JULY-AUG 2008, Vol.98 Iss.4
