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Kerly's Law of Trade Marks and Trade Names

Kerly's Law of Trade Marks and Trade Names
17th Edition
Series:  Intellectual Property Library
Practice Area:  Intellectual Property
ISBN:  9780414099739
Published by:  Sweet & Maxwell
Publication Date:  19 Dec 2023
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

Kerly’s Law of Trade Marks and Trade Names has provided clear and authoritative advice on all aspects of UK trade mark law since 1894. Through its mix of insightful commentary and up-to-date analysis of case law and legislation, it has established itself as the leading reference on trade mark law and a must-have title for practitioners. This updated seventeenth edition is available in print, online on Westlaw UK and as an eBook on Thomson Reuters ProView.

This title provides you with:

  • The most comprehensive and authoritative guidance on the law of trade marks and trade names.
  • Explanations of key aspects of trade mark law: classification, registration, enforcement, infringement and litigation.
  • Detailed analysis of community trade marks, their provisions, extent of protection and procedural matters, as well as the changes introduced by the European trade mark reforms.
  • Coverage of issues such as assignment, licensing, merchandising and franchising.
  • Outlines the absolute and relative grounds for the refusal of registration.
  • Addresses trade mark infringement and available defences including limitations on, exclusions from and statutory.
  • Explains the difference between collective and certification marks and highlights their respective functions and regulations.
  • Dedicated chapters on trade libel, company names, the internet and the influence of human rights.
  • Looks at the related issues of competition law and restraint of trade.
  • Discusses the influence of EU law and possible areas of post-Brexit divergence.

New material in the 17th edition includes:

  • Commentary on the consequences of Brexit and the Retained EU Law (Revocation and Reform) Act 2023.
  • Discussion of the extent to which UK courts will depart from pre-Brexit EU case law or will follow / not follow such law post-Brexit.
  • The latest and most significant case updates.

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CONTENTS

  1. Introduction
  2. The functions and characteristics of a trade mark in EU trade mark law
  3. Average consumer
  4. Influence of EU Law, statutory interpretation and possible divergence
  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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