Morcom, Roughton and St Quintin: The Modern Law of Trade Marks

The Modern Law of Trade Marks is a comprehensive guide on trade mark law enabling practitioners to provide clients with effective advice with the best possible support and authority. It includes detailed analysis of important UK and European legislation and decisions, in-depth commentary on the complexities of the Trade Marks Act 1994 and the Madrid Protocol and the CTM Regulation. All aspects of registered trade marks are included, together with information on applications, registration, protections and infringement. Divided into seven parts, key topics covered are: Background to the Law; Registered Marks; Passing Off; Civil Proceedings; Customs and Criminal Offences; International Treaties; and the Community Trade Mark. Major changes to be covered by the new edition include: * New ('recast') Trade Mark Directive, which covers new matters not included in the original Directive, e.g. some procedural matters * Amended Community Trade Mark Regulation - among likely changes are measures to assist trade mark owners to combat dealings in counterfeit goods * Enhanced OHIM guidelines * A considerable number of pertinent decisions, of the CJEU and GC, as well as UK Courts, in trade marks cases - including Specsavers and Asos * The law in relation to surveys, including the M&S case and other key decisions

Table of Contents:
PART I GENERAL INTRODUCTION Chapter 1 Subject matter and history of the law PART II REGISTERED MARKS Chapter 2 The Comptroller-General and the registry Chapter 3 Representation at the registry Chapter 4 Definition of a trade mark Chapter 5 Registrability Chapter 6 Conflict with earlier rights Chapter 7 Loss of rights and rectification Chapter 8 The application for registration Chapter 9 Procedures after acceptance and registration Chapter 10 Special categories of trade marks Chapter 11 Registered trade marks as property Chapter 12 Infringement and protection of well-known marks Chapter 13 Threats PART III PASSING OFF AND MISCELLANEOUS Chapter 14 Passing off Chapter 15 Malicious falsehood, trade libel, defamation, the Company Names Tribunal and human rights PART IV SPECIAL TOPICS Chapter 16 Exhaustion of the rights conferred by a trade mark Chapter 17 The internet and domain names Chapter 18 Protected designations of origin and protected geographical indications PART V CIVIL PROCEEDINGS Chapter 19 Domestic procedure and remedies Chapter 20 Procedure in the Court of Justice of the European Union and the General Court PART VI CUSTOMS AND CRIMINAL OFFENCES Chapter 21 Border controls - domestic procedure and proceedings Chapter 22 Border controls - the European procedure Chapter 23 Criminal aspects of the law of trade marks PART VII INTERNATIONAL TREATIES Chapter 24 International registration under the Madrid Protocol Chapter 25 The Paris Convention and the TRIPS Agreement PART VIII THE EUROPEAN UNION TRADE MARK Chapter 26 The European Union Trade Mark Regulation and its implementation in the UK Chapter 27 The Amended Community Trade Mark Regulation: the law relating to trade marks Chapter 28 Applications for EU trade marks Chapter 29 Registration procedure Chapter 30 Maintenance of the EU trade mark and cessation or loss of rights Chapter 31 Procedure before the Office Chapter 32 Appeals Chapter 33 Community collective and certification marks Chapter 34 Proceedings for infringement APPENDICES Appendix 1 United Kingdom statutes Appendix 2 Secondary legislation Appendix 3 International registration Appendix 4 European material Appendix 5 Useful website addresses Index