Kerly's Law of Trade Marks and Trade Names 17th Edition

Kerly’s Law of Trade Marks and Trade Names has provided clear and authoritative advice on all aspects of UK trade mark law since 1894. Through its mix of insightful commentary and up-to-date analysis of case law and legislation, it has established itself as the leading reference on trade mark law and a must-have title for practitioners. This updated seventeenth edition is available in print, online on Westlaw UK and as an eBook on Thomson Reuters ProView.

This title provides you with:

• The most comprehensive and authoritative guidance on the law of trade marks and trade names.
• Explanations of key aspects of trade mark law: classification, registration, enforcement, infringement and litigation.
• Detailed analysis of community trade marks, their provisions, extent of protection and procedural matters, as well as the changes introduced by the European trade mark reforms.
• Coverage of issues such as assignment, licensing, merchandising and franchising.
• Outlines the absolute and relative grounds for the refusal of registration.
• Addresses trade mark infringement and available defences including limitations on, exclusions from and statutory.
• Explains the difference between collective and certification marks and highlights their respective functions and regulations.
• Dedicated chapters on trade libel, company names, the internet and the influence of human rights.
• Looks at the related issues of competition law and restraint of trade.
• Discusses the influence of EU law and possible areas of post-Brexit divergence.

Kerly's Law of Trade Marks and Trade Names has provided expert guidance on all aspects of UK trade mark law since 1894. Through a mix of insightful commentary and up-to-date analysis of case law and legislation from the UK and Europe, it is the reference for the provision of clear and authoritative advice.

The 16th edition sees a major update with the inclusion of three new chapters on topics including the average consumer, Brexit, and the defining characteristics of trade marks. It also analyses the highly significant European trade mark reforms – the greatest change to trade mark law for 20 years.

• Provides the most comprehensive and authoritative guidance on the law of trade marks and trade names in the United Kingdom
• Explains core topics of trade mark law: classification, registration (UK and European), enforcement, infringement, and litigation
• Detailed analysis of community trade marks, their provisions, extent of protection, and procedural matters
• Covers issues of assignment, licensing, merchandising, and franchising
• Lays out the absolute and relative grounds for the refusal of registration
• Addresses trade mark infringement and outlines a range of defences including limitations on, exclusions from, and statutory.

Some of the key new features of the 16th edition include:

• Explains the changes introduced by the European Trade Mark Reform, analysing the key legislation affecting community trade marks and the owners of national trade marks in the EU.
• A new chapter dedicated to the average consumer identifying relevant characteristics, factors that influence the level of attention, and discussion of where it is (and is not) deployed.
• A new chapter explaining the likely impact of Brexit on registered trade marks which have force in the UK and the effect on owners of EU registered trade marks used primarily in the UK.
• A new chapter addressing the meaning of the expression “trade mark,” outlining its essential functions and characteristics

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  TRADEMARKS THROUGHOUT THE WORLD

  Looseleaf

  $1,608.61

1. Introduction
2. The functions and characteristics of a trade mark in EU trade mark law
3. Average consumer
4. Influence of EU Law, statutory interpretation and possible divergence
5. The UK register of trade marks
6. Classification of goods and services
7. UK registration procedure
8. Community trade marks
9. The Madrid system
10. Absolute grounds for refusal of registration
11. Relative grounds for refusal of registration
12. Validity and removal of trade marks from the register
13. Geographical indications and appellations of origin
14. Collective and certification marks
15. Dealings with trade marks
16. Infringement
17. Defences
18. Exhaustion
19. Competition law and trade marks
20. The action for passing off
21. Trade libel and threats
22. Civil proceedings for trade mark infringement and passing off
23. Evidence
24. Criminal proceedings
25. Customs powers and procedures
26. Character and celebrity merchandising
27. Company and business names
28. The internet
29. Human rights and trade marks
30. Introduction;
31. The functions and characteristics of a trade mark in EU trade mark law;
32. Average consumer;
33. Brexit;
34. The UK register of trade marks;
35. Classification of goods and services;
36. UK registration procedure;
37. Community trade marks;
38. The Madrid system;
39. Absolute grounds for refusal of registration;
40. Relative grounds for refusal of registration;
41. Validity and removal of trade marks from the register;
42. Geographical indications and appellations of origin;
43. Collective and certification marks;
44. Dealings with trade marks;
45. Infringement;
46. Defences;
47. Exhaustion;
48. Competition law and trade marks;
49. The action for passing off;
50. Trade libel and threats;
51. Civil proceedings for trade mark infringement and passing off;
52. Evidence;
53. Criminal proceedings;
54. Customs powers and procedures;
55. Character and celebrity merchandising;
56. Company and business names;
57. The internet;
58. Human rights and trade marks