A User’s Guide to Trade Marks and Passing Off

By: Nicholas Caddick QC, Ben Longstaff and Jamie Muir-Wood
ISBN: 9781526511553

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About A User’s Guide to Trade Marks and Passing Off

Focuses on the current law relating to the protection of registered trademarks and certain related rights. This includes 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. Individual topics covered include: Kit-Kat – when can 3D... Read more

About A User’s Guide to Trade Marks and Passing Off

Focuses on the current law relating to the protection of registered trademarks and certain related rights. This includes 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.

Individual topics covered include:
Kit-Kat – when can 3D shape marks benefit from ‘acquired distinctiveness’?
Whether colours may form part of 3D shape marks – Louboutin
Infringement by ‘wrong way round’ confusion
Limitations on the own-name defence
Calculation of damages, and the availability of blocking injunctions

Table of Contents

Contents
Chapter 1 Introduction
Chapter 2 What is a trade mark?
Chapter 3 Other kinds of mark – collective and certification marks, and protected descriptions
Chapter 4 Absolute grounds for refusal
Chapter 5 Relative grounds for refusal of registration; trade mark functions; honest concurrent use
Chapter 6 Classification
Chapter 7 UK Procedure for the registration of a trade mark
Chapter 8 Application procedure before the OHIM
Chapter 9 International conventions – the Madrid System
Chapter 10 Representation
Chapter 11 Invalidity
Chapter 12 Revocation
Chapter 13 Ownership of and dealings with trade marks
Chapter 14 Infringement and parties to infringement actions
Chapter 15 Defences, disclaimers and limitation
Chapter 16 Comparative and misleading advertising, and malicious falsehood
Chapter 17 Remedies
Chapter 18 Groundless threats
Chapter 19 Criminal offences
Chapter 20 Passing off
Chapter 21 Olympic symbols

Publishing Details

Publication Date: 5 March 2020
ISBN: 9781526511553
Binding: Paperback
Series: 203
Edition: 5

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