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Australian Trade Mark Law


ISBN13: 9780195519648
Published: July 2016
Publisher: Oxford University Press Australia & New Zealand
Country of Publication: Australia
Format: Paperback
Price: Out of print



Australian Trade Mark Law Second Edition provides a comprehensive overview of trade mark law in Australia and encourages readers to critically engage with the operation of the Australian trade mark system as a whole. It moves beyond a purely descriptive account of existing legislation and case law to help readers to view and question the law through a critical lens. It questions the functioning of the trade mark system as well as the decisions made by courts, the legislature and administrative bodies that have shaped such a system. As well as critically assessing how the trademark system could work better in the future, Australian Trade Mark Law presents comparative material that illustrates how other jurisdictions deal with particular issues and problems.

Subjects:
Intellectual Property Law, Other Jurisdictions , Australia
Contents:
1. The Roles of the Trade Mark System
2. Applying to Register a Trade Mark: Examination and Opposition Proceedings
3. Signs and their Representation
4. Distinctiveness
5. Other Grounds of Rejection and Opposition Not Involving Conflicts with Earlier Marks
6. Conflicts with Earlier Registered Marks or Applications for Registration
7. Conflicts with Earlier MarksOther Grounds of Opposition
8. Overcoming Conflicts with Earlier Marks
9. The Act of Registration, and Amending, Revoking and Cancelling Registration
10. Non-Use of Registered Marks
11. Infringement and Defences
12. Passing Off and Consumer Protection
13. Revisiting the Relationship between Passing Off and the Consumer Protection Regime
14. Extended Passing Off, Special Forms of Trade Marks and Related Legal Regimes
15. Exploitation of Trade Marks
16. Litigation and Remedies