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Guide to Trade Mark Law and Practice in Ireland 2nd ed


ISBN13: 9781526517654
Previous Edition ISBN: 9781847667168
Published: April 2023
Publisher: Bloomsbury Professional (Ireland)
Country of Publication: Ireland
Format: Paperback
Price: £140.00



Despatched in 9 to 11 days.

Covers the law and practice of trade mark law in Ireland and under European Union Intellectual Property Office (EUIPO) and World Intellectual Property Office (WIPO), enabling readers to understand the basic legal principles and practical procedure surrounding the application, registration and enforcement of trade marks in these jurisdictions.

Written in a simple and comprehensible manner, this book is an introduction to the practice and procedure of trade marks in Ireland and on a pan-European level. Steering clear of confusing legal jargon, it explains the main trade mark principles clearly and concisely so that non-lawyers and lawyers alike will find the text accessible and highly practical.

The second edition of this title covers new legislation which has been enacted since the first edition, including:

  • Irish Trade Mark Act 1996 (as amended)
  • Irish Trade Mark Rules 1996 (as amended)
  • The Copyright and Other Intellectual Property Law Provisions Act 2019
  • The Public Health (Standardised Packaging of Tobacco) Act 2015

A number of recent authorities are also considered, such as:

  • Diesel SpA v Controller of Patents, Trade Marks and Designs [2016] IEHC 415
  • Galway Free Range Eggs Limited v O' Brien and Others [2016] IEHC 249
  • Nutrimedical BV & anor -v- Nualtra Limited [2016] IEHC 261; [2017] IEHC 253
  • Aldi v Dunnes Stores [2019] IESC 41

It is an indispensable guide for lawyers, those working in the area of IP, candidates intending to sit the Irish Patent Office trade mark agent exam, sole traders and entrepreneurs.

Subjects:
Irish Law
Contents:
1. Intellectual Property - What is it?
2. The Law
3. Trade Marks and Pre-filling Issues
4. The Irish Application
5. The Community Trade Mark Application
6. The International Application
7. Examination of your Trade Mark Application on Absolute Grounds
8. Registering Conventional Signs and Non Conventional Signs
9. Relative Grounds for Refusal
10. State Emblems, Protected Marks and Well-Known Marks
11. Publication
12. Observations
13. Opposition Proceedings in Ireland
14. Opposition at the OHIM
15. Conversion of a Community Trade mark
16. The Register
17. Registration and Matters Affecting Trade Marks
18. Renewals and Restoration
19. Assignments, Licenses and Recordals
20. Infringement
21. Passing Off
22. Defences
23. Enforcement of Trademark Rights, Remedies and Jurisdictional Forums
24. Anti-Counterfeiting and Customs
25. Revocation
26. Invalidity
27. Surrender of a Trade Mark
28. The Controller
29. The Doctrine of Exhaustion and the Law of Parallel Imports
30. Protected Geographical Indications and Protected Designated Origins
31. Trade Marks and Domain Names
32. Certification and Collective Trade Marks
33. An Overview of the Main Markets
34. How to Qualify as a Trade Mark Agent
35. Brexit and the Registration of Trade Marks
36. Trade Marks and the Internet