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Morcom, Roughton and St Quintin: The Modern Law of Trade Marks Fifth Edition (eBook & Print)
Morcom, Roughton and St Quintin: The Modern Law of Trade Marks Fifth Edition (eBook & Print) is a comprehensive guide on trade mark law.
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Product description
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 seven 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.
Major changes covered by the new edition include:
- Updated laws applying to trade marks in the UK, including the latest amendments to the Trade Marks Act 1994, the Trade Mark Rules 2008, the Community Trade Mark Regulations 2006 and the Trade Marks (International Registration) Order 2008;
- Full texts of the relevant Directives including the new ‘recast’ Directive for further approximation of trade mark laws;
- Current versions of the Madrid Agreement and Madrid Protocol;
- Discussion of the impact of the new ‘recast’ Directive;
- A revised Part VIII including discussion of the significant changes to the EU Trade Mark introduced by the recent amendments to the Community Trade Mark Regulation;
- Comprehensive coverage of significant new case law from the UK and the CJEU, including decisions of the General Court and rulings of the CJEU on the Directive and the Regulation.
Table of contents
Contents
PART I GENERAL INTRODUCTION
Chapter 1 Subject matter and history of the law
PART II REGISTERED MARKS
Chapter 2 The Comptroller-General and the registry
Chapter 3 Representation at the registry
Chapter 4 Definition of a trade mark
Chapter 5 Registrability
Chapter 6 Conflict with earlier rights
Chapter 7 Loss of rights and rectification
Chapter 8 The application for registration
Chapter 9 Procedures after acceptance and registration
Chapter 10 Special categories of trade marks
Chapter 11 Registered trade marks as property
Chapter 12 Infringement and protection of well-known marks
Chapter 13 Threats
PART III PASSING OFF AND MISCELLANEOUS
Chapter 14 Passing off
Chapter 15 Malicious falsehood, trade libel, defamation, the Company Names Tribunal and human rights
PART IV SPECIAL TOPICS
Chapter 16 Exhaustion of the rights conferred by a trade mark
Chapter 17 The internet and domain names
Chapter 18 Protected designations of origin and protected geographical indications
PART V CIVIL PROCEEDINGS
Chapter 19 Domestic procedure and remedies
Chapter 20 Procedure in the Court of Justice of the European Union and the General Court
PART VI CUSTOMS AND CRIMINAL OFFENCES
Chapter 21 Border controls – domestic procedure and proceedings
Chapter 22 Border controls – the European procedure
Chapter 23 Criminal aspects of the law of trade marks
PART VII INTERNATIONAL TREATIES
Chapter 24 International registration under the Madrid Protocol
Chapter 25 The Paris Convention and the TRIPS Agreement
PART VIII THE EUROPEAN UNION TRADE MARK
Chapter 26 The European Union Trade Mark Regulation and its implementation in the UK
Chapter 27 The Amended Community Trade Mark Regulation: the law relating to trade marks
Chapter 28 Applications for EU trade marks
Chapter 29 Registration procedure
Chapter 30 Maintenance of the EU trade mark and cessation or loss of rights
Chapter 31 Procedure before the Office
Chapter 32 Appeals
Chapter 33 Community collective and certification marks
Chapter 34 Proceedings for infringement
APPENDICES
Appendix 1 United Kingdom statutes
Appendix 2 Secondary legislation
Appendix 3 International registration
Appendix 4 European material
Appendix 5 Useful website addresses
Index
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