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Vol 23 No 5 May/June 2018

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Trade Mark Law: A Practical Anatomy

Jeremy PhillipsVisiting Professor, University College, University of London

ISBN13: 9780199268269
ISBN: 0199268266
Published: December 2003
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £185.00
Hardback edition out of print, ISBN13 9780199267965

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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.

Intellectual Property Law
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