Subjects:

Intellectual Property Law

Contents:

PART A:

INTRODUCING TRADE MARK LAW

1 Petty matters: about this book

2 Why trade marks?

3 Trade mark law and registration systems

PART B:

REGISTRABLE TRADE MARKS

4 Registration: the basic principles

5 Registration: special cases

6 Trade marks and generic terms

7 Nearly trade marks

PART C:

LAWFUL AND UNLAWFUL USE OF TRADE MARKS

8 Infringing acts

9 Non-infringing acts

10 Exhaustion of trade mark rights

11 Identical and similar marks, goods, and services

12 Reputation, unfair advantage and detriment

13 Well-known marks, famous marks, and dilution

14 The killing fields: opposition, cancellation, and revocation

15 Trade marks in court

PART D:

TRADE MARKS IN INDUSTRY AND COMMERCE

16 Trade marks in specific trade sectors

17 Transactions involving trade marks

18 Threats

PART E:

ISSUES FOR TRADE MARK OWNERS

19 Choosing a trade mark

20 The psychology of trade marks

21 Trade marks, images, icons, and social responsibility

This practical, thorough, and detailed account of the key issues facing trade mark use is written by one of the leading authorities on the subject. Drawing on British, European, and US law, plus other sources, the author considers both the problems that trade mark law causes in business and commerce and how to solve them. Written in a fluent and approachable style, the work contains useful flow charts, examples, and vignettes to capture the essence of trade mark law as it operates in practice.

Readers will relish the author's fresh and challenging approach to the subject, and his encyclopaedic knowledge of the worldwide case law. Jeremy Phillips plays the role of skilled surgeon, under whose knife the complex body of legislation and case law is taken apart and analysed. Key concepts are carefully dissected; the underlying principles and structure of trade mark law laid bare.