A User's Guide to Trade Marks and Passing Off 5th ed

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 content

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