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Kerly's Law of Trade Marks and Trade Names
Kerly's Law of Trade Marks and Trade Names
16th Edition
Series:  Intellectual Property Library
Practice Area:  Intellectual Property
ISBN:  9780414052017
Published by:  Sweet & Maxwell
Publication Date:  15 Dec 2017
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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Kerly's Law of Trade Marks and Trade Names has provided expert guidance on all aspects of UK trade mark law since 1894. Through a mix of insightful commentary and up-to-date analysis of case law and legislation from the UK and Europe, it is the reference for the provision of clear and authoritative advice.

The 16th edition sees a major update with the inclusion of three new chapters on topics including the average consumer, Brexit, and the defining characteristics of trade marks. It also analyses the highly significant European trade mark reforms – the greatest change to trade mark law for 20 years.

  • Provides the most comprehensive and authoritative guidance on the law of trade marks and trade names in the United Kingdom
  • Explains core topics of trade mark law: classification, registration (UK and European), enforcement, infringement, and litigation
  • Detailed analysis of community trade marks, their provisions, extent of protection, and procedural matters
  • Covers issues of assignment, licensing, merchandising, and franchising
  • Lays out the absolute and relative grounds for the refusal of registration
  • Addresses trade mark infringement and outlines a range of defences including limitations on, exclusions from, and statutory.

Some of the key new features of the 16th edition include:

  • Explains the changes introduced by the European Trade Mark Reform, analysing the key legislation affecting community trade marks and the owners of national trade marks in the EU.
  • A new chapter dedicated to the average consumer identifying relevant characteristics, factors that influence the level of attention, and discussion of where it is (and is not) deployed.
  • A new chapter explaining the likely impact of Brexit on registered trade marks which have force in the UK and the effect on owners of EU registered trade marks used primarily in the UK.
  • A new chapter addressing the meaning of the expression “trade mark,” outlining its essential functions and characteristics.

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  1. Introduction;
  2. The functions and characteristics of a trade mark in EU trade mark law;
  3. Average consumer;
  4. Brexit;
  5. The UK register of trade marks;
  6. Classification of goods and services;
  7. UK registration procedure;
  8. Community trade marks;
  9. The Madrid system;
  10. Absolute grounds for refusal of registration;
  11. Relative grounds for refusal of registration;
  12. Validity and removal of trade marks from the register;
  13. Geographical indications and appellations of origin;
  14. Collective and certification marks;
  15. Dealings with trade marks;
  16. Infringement;
  17. Defences;
  18. Exhaustion;
  19. Competition law and trade marks;
  20. The action for passing off;
  21. Trade libel and threats;
  22. Civil proceedings for trade mark infringement and passing off;
  23. Evidence;
  24. Criminal proceedings;
  25. Customs powers and procedures;
  26. Character and celebrity merchandising;
  27. Company and business names;
  28. The internet;
  29. Human rights and trade marks


“The 16th edition continues the book’s splendid tradition and it deserves a place on the shelves of anyone working in the area of trade marks and trade names.”

- Paul Torremans, European Intellectual Property Review.

“…one wonders what [Sir Duncan Kerly QC] would make of many of the tricky and abstract concepts and issues now routinely facing trade mark lawyers. But when such issues need consideration it is still necessary to turn to the book which bears his name.”

- Professor Phillip Johnson, Cardiff Law School, Journal of Business Law.


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