Trade Mark Use

Hardcover | February 2, 2006

EditorJeremy Phillips, Ilanah Simon

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"Use" is a concept which is fundamental to modern trade mark law, within the European Union, the US and elsewhere. The use concept is ubiquitous, since it must be understood before even basic issues of registrability, infringement and validity can be resolved. This book analyses the concept of "use" in trade mark law by tracing it at every stage of a trade mark's lifecycle. Topics covered include The Concept of Use, Registration, Exploitation, Infringement, and Death of a Trademark. It focuses primarily on European trade mark law, but also examines keyaspects of US and international law. It is an invaluable information source if you or your client: (i) want to register a trade mark; (ii) are accused of infringing it; (iii) want to prove that, through use, the mark is entitled to remain on the register; (iv) want to make money from using the mark and (v) want to argue that anotherperson's mark should not remain registered.

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From the Publisher

"Use" is a concept which is fundamental to modern trade mark law, within the European Union, the US and elsewhere. The use concept is ubiquitous, since it must be understood before even basic issues of registrability, infringement and validity can be resolved. This book analyses the concept of "use" in trade mark law by tracing it at e...

Professor Jeremy Phillips is Intellectual Property Consultant to London-based solicitors Slaughter and May, and previously held a variety of academic posts. He is currently Visiting Professorial Fellow, Queen Mary Intellectual Property Research Institute, as well as a visiting professor at UCL, Bournemouth University and the Universit...

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Format:HardcoverDimensions:436 pages, 9.21 × 6.14 × 1.1 inPublished:February 2, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199280339

ISBN - 13:9780199280339

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Table of Contents

ForewordPart A: Introduction1. Jeremy Phillips and Ilanah Simon: IntroductionPart B: The Concept of Use2. Bojan Pretnar: Use and Non-Use in Trade Mark Law3. Jennifer Davis: The Need to Leave Free for Others to Use and the Trade Mark CommonPart C: Registration4. Arnaud Folliard-Monguiral: Distinctive Character Acquired through Use: The Law and the Case Law5. Anna Carboni: Distinctive Character Acquired through Use: Establishing the Facts6. Thomas Hays: Distinguishing Use versus Functional Use: Three-Dimensional MarksPart D: Exploitation7. Neil J. Wilkof: Third Party Use of Trade Marks8. Massimo Sterpi: Trade Mark Use and Denominative Trade Marks9. Jeffrey Belson: Use, Certification and Collective MarksPart E: Infringement10. Robert Sumroy and Carina Badger: Infringing 'Use in the Course of Trade', Trade Mark Use and the Essential Function of the Trade Mark11. Ashley Roughton: Permitted Infringing Use: The Scope of Defences to an Infringement Action12. Andreas Rahmatian: Infringing Use of a Trade Mark as a Criminal OffencePart F: Death of a Trade Mark13. Belinda Isaac: Use for the Purpose of Resisting an Application to Revoke for Non-Use14. Allan James: The Requirement for Evidence of Use of Earlier Trade Marks in Opposition and Invalidation ProceedingsPart G: Broader Perspectives15. Spyros Maniatis: Trade Mark Use on the Internet16. Gail E Evans: TRIPs and Trade Mark Use17. Graeme B. Dinwoodie and Mark D Janis: Use, Intent to Use and Registration in the USA18. Sheldon H Klein and N Christopher Norton: The Role of Trade Mark Use in US Infringement, Unfair Competition and Dilution ProceedingsPart H: Post Mortem19. Jeremy Phillips and Ilanah Simon: Conclusion: What Use is Use?

Editorial Reviews

`a volume of essays authored by a distinguished collection of Trade Mark academics and practitioners...Good practical advice mixes with trade mark legal theory and case analysis. The result is fascinating, insightful and engaging. Trade Mark Use should find a place on the shelves of anyinstitution where Trade Mark Law and practice is studied as apart of an intellectual property law syllabus. At the same time, it will be read with interest by students of marketing, branding and advertising...This book has not direct competitor. It enjoys the same relaxed yet authoritative style ofJeremy Philips' Trade Mark Law: A Practical Anatomy...Trade Mark Use will complement the standard intellectual property texts on trade marksit should be essential reading for students preparing for professional Trade Mark attorney qualifications. Academics will find much to enliven lectures, andenhance their own trade mark research.'Ruth Soetendorp, Bournemouth University