Subjects:

Intellectual Property Law, Blackstone Legislation Guides

Contents:

Introduction to the Trade Marks Act 1994

unregistered and well-known marks

procedure for obtaining registration

registrability I: what can be a trade mark?

registrability II: distinctiveness - capacity to distinguish

registrability III: absolute grounds for refusal of registration

registrability IV: relative grounds for refusal of registration

maintenance and loss of registration

infringement of registered trade marks

defenses to and remedies for trade mark infringement, including counterfeiting

assignment and licensing of trade marks

character merchandising

certification and collective marks

the Community trade mark

international registration of trade marks.

The last major revision of United Kingdom Trade Marks law occurred in 1938. This book introduces the changes brought about by the Trade Marks Act 1994 and includes a register of trade marks, with a relaxed test of registrability. It provides information about protection through registration for shapes, packaging, sounds and smells, multi-class applications, improved rights and remedies for the trade mark owner against infringement and counterfeiting, deregulation of assignment and licensing and procedure for the international registration of marks. The book gives a detailed commentary on the law, suggests where the old law may still be relevant in interpretation and predicts future developments, in particular relating to the law of passing off and unfair competition. In this book the new law is placed in the context of the UK's international obligations to protect intellectual property under the Paris convention and Madrid Protocol.