基本説明
Drawing on British, European, and US law,plus other sources, the author considers the problems that trade mark law causes in business and commerce and how to slove them.
Full Description
This practical, thorough, and detailed account of the key issues facing trade mark use is written by one of the leading authorities on the subject. Drawing on British, European, and US law, plus other sources, the author considers both the problems that trade mark law causes in business and commerce and how to solve them. Written in a fluent and approachable style, the work contains useful flow charts, examples, and vignettes to capture the essence of trade mark law as it operates in practice.
Readers will relish the author's fresh and challenging approach to the subject, and his encyclopaedic knowledge of the worldwide case law. Jeremy Phillips plays the role of skilled surgeon, under whose knife the complex body of legislation and case law is taken apart and analysed. Key concepts are carefully dissected; the underlying principles and structure of trade mark law laid bare.
Contents
PART A: INTRODUCING TRADE MARK LAW ; 1. Petty matters: about this book ; 2. Why trade marks? ; 3. Trade mark law and registration systems ; PART B: REGISTRABLE TRADE MARKS ; 4. Registration: the basic principles ; 5. Registration: special cases ; 6. Trade marks and generic terms ; 7. Nearly trade marks ; PART C: LAWFUL AND UNLAWFUL USE OF TRADE MARKS ; 8. Infringing acts ; 9. Non-infringing acts ; 10. Exhaustion of trade mark rights ; 11. Identical and similar marks, goods, and services ; 12. Reputation, unfair advantage and detriment ; 13. Well-known marks, famous marks, and dilution ; 14. The killing fields: opposition, cancellation, and revocation ; 15. Trade marks in court ; PART D: TRADE MARKS IN INDUSTRY AND COMMERCE ; 16. Trade marks in specific trade sectors ; 17. Transactions involving trade marks ; 18. Threats ; PART E: ISSUES FOR TRADE MARK OWNERS ; 19. Choosing a trade mark ; 20. The psychology of trade marks ; 21. Trade marks, images, icons, and social responsibility
