The Modern Law of Trade Marks, 3rd Edition

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;
• The Community Trade Mark.

Major changes covered by the new edition include: Statute Law

• Changes in the law relating to damages and other aspects of enforcement, introduced by The Intellectual Property (Enforcement, etc)) Regulations 2006, implementing the EU Directive and amending the TMA 1994
• The London Olympic Games and Paralympic Games Act 2006, amending The Olympic Symbol etc Protection Act 1995
• Changes to the law relating to official refusal of applications, on ‘relative’ grounds
  • Statutory Instruments;
  • The Patents, Trade Marks and Designs (Address for Service and Time Limits, etc) Rules 2006
  • The Trade Marks (International Registration) (Amendment) Order 2006
  • The Community Trade Mark Regulations 2006
  • The Trade Marks and Designs (Address for Service) (Amendment) Rules 2006
  • The Trade Marks (International Registration) (Amendment No 2) Order 2006
  • The Trade Marks (Amendment) Rules 2006
    • International Registration;
    • Changes in the Madrid Protocol and the Common Regulations
      • Community Trade Mark;
      • Amendment to the CTM Regulation and Implementing Regulations (the latter substantial and only able to be noted in the 2nd Edition)
      • Revised Guidelines on various aspects of CTM laws and procedures
        • Case law;
        • References to published reports of decisions not reported at the time of preparation of the 2nd Edition
        • A continuing succession of important rulings from the ECJ. Already 16 or more such cases. Several rulings on Geographical indications.
        • A large number of decisions of the Court of First Instance of the ECJ
        • One very important ruling of the Grand Chamber of the European Court of Human Rights
        • A number of significant decisions of the Court of Appeal, with more expected in the course of 2007
        • A number of significant High Court decisions, in infringement cases, cancellation proceedings and appeals from the Registry
        • Decisions on points of principle, by Appointed Persons, the Trade Marks Registry, Boards of Appeal at OHIM and the various divisions of OHIM
          • Other matters;
          • Developments in procedures before the Appointed Person(s)
          • There is considerable material for expanding the chapter on passing-off
          • Developments in trade marks from a competition perspective (eg HP v Expansys)