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International Trademark Protection
It is an unquestioned assumption of trade mark law that trade marks are territorial. But is territoriality relevant in a global marketplace? If trade marks are not dependent upon territoriality what are the alternative models for their protection? Professor Dinwoodie considers these important issues in this thought-provoking scholarly treatment of the concept and relevance of territoriality in modern trade mark law. Professor Dinwoodie provides numerous key insights in this books. First, he highlights three alternative models that might facilitate the move to international protection: (a) protection through international institutions, (b) protection through evolution of national doctrine, an...
A User's Guide to Trade Marks and Passing Off
A User's Guide to Trade Marks and Passing Off, 4th edition focuses on the current law relating to the protection of registered trademarks and certain related rights including registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and Passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Includes the following case law: Illustrative cases such as Lush, Scrabble, Starbucks, Glee Club and Jack Wills; Cadbury and what it means for registering colours as trade marks; How to tack...
Trademarks
For many companies, brands are now their most valuable assets - yet there is insufficient knowledge within business in general of legal systems that exist to allow brand owners to protect these assets. Equally, few trademark lawyers fully understand the commercial significance of these legal systems for the success of brand-based businesses. Adopting an interdisciplinary approach, Trademarks divulges the legal enigma to the brand owner, and the business advantage of trademarking to the lawyer, whilst providing a unique insight into all aspects of trademarking for all those fascinated by this channel for success.
The Protection of Non-Traditional Trademarks
This volume offers a detailed analysis of the issues related to the protection of non-traditional marks. In recent years, the domain of trademark law and the scope of trademark protection has grown exponentially. Today, a wide variety of non-traditional marks, including colour, sound, smell, and shape marks, can be registered in many jurisdictions. However, this expansion of trademark protection has led to heated discussions and controversies about the impact of the protection of non-traditional marks on freedom of competition and, more generally, on socially valuable use of these or similar signs in unrelated non-commercial contexts. These tensions have also led to increasing litigation in ...
The Protection of Non-traditional Trademarks
This volume offers a detailed analysis of the issues related to the protection of non-traditional marks. In recent years, the domain of trademark law and the scope of trademark protection has grown exponentially. Today, a wide variety of non-traditional marks, including colour, sound, smell, and shape marks, can be registered in many jurisdictions. However, this expansion of trademark protection has led to heated discussions and controversies about the impact of the protection of non-traditional marks on freedom of competition and, more generally, on socially valuable use of these or similar signs in unrelated non-commercial contexts. These tensions have also led to increasing litigation in this area across several jurisdictions. This text provides an overview of the debate and state of the law surrounding non-traditional marks at the international, regional, and national level.
European Trademark Law
European Trademark Law describes all relevant developments in both legislation and case law, in particular of the Court of Justice, offering not only a succinct introduction to the theory, structure and nature of trademark law, but also insightful suggestions for resolving and answering a host of practical problems. As the authors note, their book provides an ‘overview of trademark law rather than an overview of trademark legislation.’ The authors view the law from different perspectives; they take both the European perspective and the perspective from harmonised national trademark law, in particular as it is in the Benelux countries. Paying particular attention to the implications of th...
Concise European Trade Mark Law
The sweeping changes brought about in 2017 to practice and procedures in European Union trade mark law have precipitated a new edition of this much relied-upon guide to the field. This is the first book to provide comprehensive guidance to the new EU Trade Mark Regulation, including full details on all aspects of substance and procedure, as well as to the new Trade Mark Directive. This new and significantly expanded edition, which builds on the two previous editions of the Concise European Trade Mark and Design Law, includes the full texts of the new Implementing and Delegated Acts – available in no other book – as well as a collection of other texts that are needed in daily practice, such as excerpts from the Rules of Procedure of the General Court, the Paris Convention, the Madrid Protocol and the Nice Agreement, the Nice Classification, the TRIPS Agreement and the Directive on Enforcement of IP Rights. Providing a complete commentary and a full set of the legal provisions that must be dealt with on a daily basis, obviating recourse to other sources, this new edition will be welcomed by anyone with an interest in the law and practice of trade marks in the European Union.
Genuine Use of Trademarks
This book addresses the issue of trademark use that may be required for protection and maintenance of trademark rights. While there is considerable harmonization on trademark rights, courts and laws around the world do not always assess in the same way whether a trademark is used and do not always attach the same consequence to lack of use of a trademark. This is a fundamental issue for trademark owners since, depending on the jurisdiction, lack of use can lead to the revocation of trademark rights or to a refusal of trademark registration. This detailed analysis provides clarity, insight and guidance on the legal issues and practical implications of genuine use of trademarks in twenty-six j...
