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Vol 21 No 11 Nov/Dec 2016

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Trade Mark Use


ISBN13: 9780199280339
ISBN: 0199280339
Published: March 2005
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £160.00



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This book analyses the concept of "use" in trade mark law by tracing it at every stage of a trade mark's lifecycle. Topics covered include The Concept of Use, Registration, Exploitation, Infringement, and Death of a Trademark. It focuses primarily on European trade mark law, but also examines key aspects of US and international law.

It is an invaluable information source if you or your client: (i) want to register a trade mark; (ii) are accused of infringing it; (iii) want to prove that, through use, the mark is entitled to remain on the register; (iv) want to make money from using the mark and (v) want to argue that another person's mark should not remain registered.

Subjects:
Intellectual Property Law
Contents:
Foreword
PART A: INTRODUCTION
1. Introduction
PART B: THE CONCEPT OF USE
2. Use and Non-Use in Trade Mark Law
3. The Need to Leave Free for Others to Use and the Trade Mark Common
PART C: REGISTRATION
4. Distinctive Character Acquired through Use: The Law and the Case Law
5. Distinctive Character Acquired through Use: Establishing the Facts
6. Distinguishing Use versus Functional Use: Three-Dimensional Marks
PART D: EXPLOITATION
7. Third Party Use of Trade Marks
8. Trade Mark Use and Denominative Trade Marks
9. Use, Certification and Collective Marks
PART E: INFRINGEMENT
10. Infringing 'Use in the Course of Trade', Trade Mark Use and the Essential Function of the Trade Mark
11. Permitted Infringing Use: The Scope of Defences to an Infringement Action
12. Infringing Use of a Trade Mark as a Criminal Offence
PART F: DEATH OF A TRADE MARK
13. Use for the Purpose of Resisting an Application to Revoke for Non-Use
14. The Requirement for Evidence of Use of Earlier Trade Marks in Opposition and Invalidation Proceedings
PART G: BROADER PERSPECTIVES
15. Trade Mark Use on the Internet
16. TRIPs and Trade Mark Use
17. Use, Intent to Use and Registration in the USA
18. The Role of Trade Mark Use in US Infringement, Unfair Competition and Dilution Proceedings
PART H: POST MORTEM
19. Conclusion: What Use is Use?