Kerly's Law of Trade Marks and Trade Names

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.

New material in the 17th edition includes:

• Commentary on the consequences of Brexit and the Retained EU Law (Revocation and Reform) Act 2023.
• Discussion of the extent to which UK courts will depart from pre-Brexit EU case law or will follow / not follow such law post-Brexit.
• The latest and most significant case updates.

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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

CLEAR. CLEVER. CONCISE

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