Morcom, Roughton and Malynicz: The Modern Law of Trade Marks Third edition
- Availability:
- Available
- Product Id:
- ukprod9781405727556MLTM3
- Product Code:
- MLTM3
- ISBN/ISSN:
- 9781405727556
- Publication Date:
- 17/04/2008
- Format:
- Price:
- £278.10
The Modern Law of Trade Marks is a comprehensive guide on trade mark law enabling practitioners to provide clients with effective advice with the best possible support and authority. It includes detailed analysis of important UK and European legislation and decisions, in-depth commentary on the complexities of the Trade Marks Act 1994 and the Madrid Protocol and the CTM Regulation.
All aspects of registered trade marks are included, together with information on applications, registration, protections and infringement. Divided into 7 parts, key topics covered are: Background to the Law; Registered Marks; Passing Off; Civil Proceedings; Customs and Criminal Offences; International Treaties; and the Community Trade Mark.
Part I - General Introduction
1. Subject-matter and history of the law
Part II - Registered Marks
2. The Comptroller-General and the registry
3. Representation at the registry
4. Definition of a trade mark
5. Registrability
6. Conflict with earlier rights
7. Loss of rights and rectification
8. The application for registration
9. Procedures after acceptance and after registration
10. Special categories of trade marks
11. Registered trade marks as property
12. Infringement and protection of well-known marks
13. Threats
Part III - Passing Off and Miscellaneous
14. Passing off
15. Malicious falsehood, trade libel, defamation and emergency
Part IV - Special Topics
16. Exhaustion of rights
17. The Internet
18. Protected Designations of Origin and Protected Geographical Indications
Part V - Civil Proceedings
16. Domestic Procedure and Remedies
17. Procedure in the European Court of Justice and Court of First Instance
Part VI - Customs and Criminal Offences
18. Border controls - the domestic procedure and domestic proceedings
19. Border controls - the European procedure
20. Criminal Aspects of the law of Trade Marks
Part VII - International Treaties
21. International registration under the Madrid Protocol
22. The Paris Convention and the TRIPS Agreement
Part VIII - The Community Trade Mark
23. The Community Trade Mark Regulation and its implementation in the UK
24. The Community Trade Mark Regulation: the law relating to trade marks
25. Applications for Community trade marks
26. Registration procedure
27. Maintenance of the Community trade mark and cessation or loss of rights
28. Procedure before the Office
29. Appeals
30. Community collective Marks
31. Proceedings for infringement
"Every firm which does some trade marks law needs a good detailed text book on trade marks law and this one certainly fits the bill."
New Law Journal
Student Law Journal review, published here with permission.
Reviewed on 11 October 2009
"For many businesses, the brand and trade mark is extremely important. Getting it right often means the brand and trade mark is instantly recognised and leads to an increase in customer loyalty. To ensure such rights are protection, trade mark law (including common law passing off) steps into the breach. Such an important area of law deserves a clear and comprehensive text. Fortunately, Morcom, Roughton & Malynicz: The Modern Law of Trade Marks provides exactly this.
Written by a team of experienced intellectual property from specialist set, Hogarth Chambers, Morcom, Roughton & Malynicz: The Modern Law of Trade Marks is impressively separated into eight parts: general introduction; registered marks; passing off and miscellaneous; special topics; civil procedures; customs and criminal offences; international treaties and the Community Trade Mark. It also has eight excellent appendices: United Kingdom statutes; secondary legislation; rules of Court; international registration; international conventions; European material; miscellaneous registry material; and useful website addresses.
The authors' experience in trade mark law is evident throughout the text. For example, the chapter dealing with civil proceedings explains the procedure in trade mark courts. This is important, particularly for lawyers who do not exclusively practise in this area of law. The text's written style is also largely practical with the material being divided into short and manageable sections with a number of footnotes or cross-references to other parts of the text. Being a largely practitioner's text, the appendices are excellent meaning most of the resources are to hand and contained in one handy volume. Precedents would, however, have been extremely welcome.
For many practitioners, Morcom, Roughton & Malynicz: The Modern Law of Trade Marks is a one-stop and comprehensive resource on trade mark law. It has been thoroughly updated since the last edition to include the latest developments in both domestic and international trade mark law. Practitioners who do not exclusively practise in this area of law may, however, miss the lack of precedents. That said, this is a superbly accessible and practical account of trade mark law meaning it is, and continues to be, an important practitioner text."
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