Trade Mark Registrations in Bad Faith

Author: Alexander Tsoutsanis
Publisher: Oxford University Press
ISBN: 9780199551477
Published In: November 2010
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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First major treatment and analysis of "bad faith" trade mark registrations, including counterfeiting branded products and wrongful registration of a trade mark belonging to another party
Comparative examination of the relevant rules and registrations in 15 EU Member States
Practical coverage of protecting trade marks against trade mark grabbing and abusive registrations

With the ever-increasing importance to both manufacturers and consumers of brand advertising and brand awareness, the commercial significance of trade marks continues to grow. Trade mark abuse, including counterfeiting branded products and the wrongful registration of a trade mark belonging to a person or company by another party (a bad faith registration), is a well-known problem in intellectual property law. This book provides practical guidance on protecting trade marks against trade mark grabbing in general and abusive bad faith trade mark registrations in particular. It examines the case law, literature and recent EU developments (including issues relating to the enlargement of the EU) on trade mark registrations in bad faith from both an international and national perspective, and offers a comparative analysis of the relevant rules and regulations in all EU Member States.

Readership: Practitioners specialising in trade mark law or intellectual property more generally (including trade mark and patent attorneys); academics and students interested in intellectual property; reference libraries; trade mark examiners and hearing officers.

PART I: INTRODUCTION
1: General Introduction: Trade Marks and Bad Faith
2: Bad Faith in Other Areas of Intellectual Property Law
3: Back to Trade Marks: the System of Trade Mark Obtainment and Protection
4: Summary
PART II: EUROPE: HARMONIZATION AND UNIFICATION
5: History of Origin
6: The Trade Mark Directive
7: The Community Trade Mark Regulation
8: Summary
PART III: TOUR COMMUNAUTAIRE: IMPLEMENTATION AND INTERPRETATION
9: Benelux
10: Germany
11: France
12: Italy
13: The United Kingdom
14: Ireland
15: Denmark
16: Greece
17: Portugal
18: Spain
19: Austria
20: Finland
21: Sweden
22: The New Member States
23: Evaluation
PART IV: BAD FAITH DECIPHERED
24: Towards a Uniform Definition of Bad Faith
25: Summary
Bibliography