This practical, thorough and detailed account of the key issues facing trade mark use is written by a leading authority on the subject. Drawing on British, European, and US law, plus other sources, the author considers both the problems that trade mark law causes in business and commerce and how to solve them. Written in an approachable style, the work contains useful flow charts, examples, and vignettes to capture the essence of trade mark law as it operates in practice.
Contents:
PART A: INTRODUCING TRADE MARK LAW
1. Petty matters: about this book;
2. Why trade marks?;
3. Trade mark law and trade mark registration systems
PART B: REGISTRABLE TRADE MARKS
4. Registrability: the basic principles;
5. Registrability of specific types of trade mark;
6. Trade marks and generic terms
PART C: LAWFUL AND UNLAWFUL USE OF TRADE MARKS
7. Infringing acts;
8. Non-infringing acts;
9. Exhaustion of trade mark rights;
10. Identical and similar marks, goods and services;
11. Unfair advantage and detriment;
12. Well-known marks, famous marks, and dilution;
13. The killing fields: opposition, cancellation, and revocation;
14. Trade marks in court
PART D: TRADE MARKS IN INDUSTRY AND COMMERCE
15. Transactions involving trade marks;
16. Trade marks in specific sectors;
17. Trade marks on the internet;
18. Geographical indications and other forms of protection
PART E: ISSUES FOR TRADE MARK OWNERS;
19. Choosing a trade mark;
20. The psychology of trade marks;
21. Trade marks, images, icons, and social responsibility
