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Kerly's Law of Trade Marks and Trade Names
Kerly's Law of Trade Marks and Trade Names
16th Edition, 1st Supplement
Practice Area:  Intellectual Property
ISBN:  9780414079342
Published by:  Sweet & Maxwell
Publication Date:  31 Dec 2020
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 on trade mark law.

The 16th edition saw 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.

This supplement captures all the developments in the law since the 16th Edition was prepared, including a review of all UK caselaw and the key judgments emanating from the General Court and the CJEU, as well as certain influential cases from overseas. The Skykick case is covered in full. It includes up to date versions of the Trade Marks Act and Rules, following the implementation of the 2015 Trade Mark Directive and other amendments. It also includes all the relevant EU Exit regulations which come into force on exit day.

CONTENTS


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

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