A User's Guide to Trade Marks and Passing Off


Book Description

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




Special Protection of Trade Marks with a Reputation under European Union Law


Book Description

When a mark acquires a reputation, it becomes a means of attracting consumers by communicating to them various messages going beyond the indication of commercial origin of goods or services. Thus, trade marks familiar to the general public enjoy a special legal protection regime above and beyond that afforded trade marks in general, allowing them to benefit from enhanced protection against reproduction or imitation detrimental to, or taking unfair advantage of, the distinctive character of the mark or its repute. This richly researched book, the first comprehensive guide to current European Union (EU) law and practice concerned with reputed trade marks, conducts an in-depth analysis of this extended protection provided by Regulation 2017/1001 on EU trade marks and Directive 2015/2436 under which it is mandatory across all Member States. Using a practical approach, focused on identifying and analysing the criteria for infringement of trade marks with a reputation in proceedings before civil courts and in administrative proceedings before the European Union Intellectual Property Office (EUIPO) or national trade mark offices, the author addresses such elements of the special protection regime as the following: prerequisites for infringement of the right to a reputed mark common to all recognised forms of infringement; how to demonstrate each type of infringement of the right to the trade mark with a reputation (blurring, tarnishment and unfair advantage); proof of reputation; distinguishing the concept of well-known trade mark; legitimate versus questionable justifications of the ‘due cause’ exception within the meaning of EU law provisions; use of a disputed sign falling under freedom of expression; identifying the role of likelihood of confusion under the special regime; and how to prove the existence of a link between the signs in dispute. The author pays detailed attention to the case law of the Court of Justice and General Court of the EU, as well as cases before the EUIPO and national courts. He takes into account research from a number of Member States (plus Switzerland), thus widening prior work in the field from its predominant English-language context. With this book practitioners will confidently approach cases before courts, the EUIPO and national EU trade mark offices involving enhanced protection of trade marks with a reputation. In addition, the book will help judges and trade mark offices examiners to interpret the EU provisions and assess claims regarding such reinforced protection. For scholars and students of intellectual property law, this book will prove a cornerstone volume in the field.







A User's Guide to Intellectual Property in Life Sciences


Book Description

Life Sciences is one of the most innovative and complex areas of law. It is currently undergoing a period of intense transformation, with companies facing an ever-increasing level of regulation as well as strict cost management in order to remain competitive and profitable. The latest in "A User's Guide to..." series it covers life sciences in relation to: - patents - copyright - trade marks; and - data protection The book covers UK law with references to significant EPO cases. A key part of the book is the coverage of case law. Case studies and detailed analysis of the key cases, eg the Kymab mouse case, the human genome sciences case, and the pregabalin case feature heavily helping to put this often complex area of law into context. Where appropriate and for comparison purposes, approaches of key foreign jurisdictions are summarised and for ease of use there are clearly signposted. A key text for practitioners specialising in life sciences and intellectual property in general and patents officers dealing with life sciences applications.




A User's Guide to Trade Marks and Passing Off


Book Description

A User's Guide to Trade Marks and Passing Off, 4th edition focuses on the current law relating to the protection of registered trademarks and certain related rights including 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. Includes the following case law: Illustrative cases such as Lush, Scrabble, Starbucks, Glee Club and Jack Wills; Cadbury and what it means for registering colours as trade marks; How to tackle survey evidence after Interflora; Greek yoghurt continuing the Vodkat line of passing-off cases; Specsavers - Europe's view on the effect of using elements not included in a trade mark registration. Contents: 1. Introduction; 2. What is a trade mark? 3. Other kinds of mark; 4. Absolute grounds for refusal; 5. Relative grounds for refusal of registration; 6. Classification; 7. UK procedure for the registration of a trade mark; 8. Application procedure before the OHIM; 9. International conventions; 10. Representation; 11. Invalidity; 12. Revocation; 13. Ownership of and dealings with trade marks; 14. Infringement; 15. Defences, disclaimers and limitation; 16. Comparative and misleading advertising; 17. Remedies; 18. Groundless threats; 19. Criminal offences; 20. Passing off.







Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol


Book Description

This Guide is primarily intended for applicants and holders of international registrations of marks, as well as officials of the competent administrations of the Member States of the Madrid Union. It leads them through the various steps of the international registration procedure and explains the essential provisions of the Madrid Agreement, the Madrid Protocol and the Common Regulations.







The Complete Guide to Patents, Copyrights, and Trademarks


Book Description

Hundreds of thousands of people apply for patents, copyrights, and trademarks in the United States every year. For example, the United States Patent and Trademark office recently reported that 452,633 patent applications were filed in one year. You can easily become one of these people if you have created the greatest American invention, if you are the next Stephen King and have written a book to prove it, or if you have designed an eye-catching logo for your company. The Complete Guide to Patents, Copyrights, and Trademarks will provide you with all the information you need to know about acquiring, registering, maintaining, and protecting your intellectual property. A patent is a grant of property rights to the inventor and essentially excludes others from making, using, and selling your invention, whereas a trademark is a word, symbol, or device used to indicate the source of goods and to distinguish your goods from those of others. A copyright, on the other hand, protects original works and the form of the expression rather than the subject matter. This new, exhaustively researched book will help you decide which of the three you need to apply for, as well as which things can be patented, trademarked, and copyrighted and which cannot. In this book, you will learn how to file an application, how to register, how to avoid infringement, and how to avoid common problems. Additionally, you will become knowledgeable about where to fi≤ the fees involved; laws and regulations associated with the process; the differences between copyrights, trademarks, and patents; the differences between utility, design, and plant patents; who may apply; attorneys and agents; and the forms you need to fill out. Whether you are applying for a patent, copyright, or trademark, this book will provide you with all the necessary information necessary to do so. The Complete Guide to Patents, Copyrights, and Trademarks is the only book you need to read if you want to protect your intellectual property. Atlantic Publishing is a small, independent publishing company based in Ocala, Florida. Founded over twenty years ago in the company presidentâe(tm)s garage, Atlantic Publishing has grown to become a renowned resource for non-fiction books. Today, over 450 titles are in print covering subjects such as small business, healthy living, management, finance, careers, and real estate. Atlantic Publishing prides itself on producing award winning, high-quality manuals that give readers up-to-date, pertinent information, real-world examples, and case studies with expert advice. Every book has resources, contact information, and web sites of the products or companies discussed.




Protecting Your Company's Intellectual Property


Book Description

This guide shows how to identify a company's protectable assets, initiate steps to protect those assets, and use them to generate additional income. Specific chapters cover selection, application, maintenance, and infringement for trademarks, copyright, and patents. Other topics include trade secrets, unfair competition, employee work products, internal processes, and the Internet. The book also contains model forms and documents, including trademark license agreements, application forms for trademarks, copyrights, and patents, sample noncomplete clauses, and intellectual asset audit forms. Bouchoux is an attorney specializing in intellectual property law. c. Book News Inc.