Trade Mark Use

Name: Trade Mark Use
Price: 16.55 USD
Availability: InStock
ISBN: 9780199280339

ISBN-10: 0199280339

ISBN-13: 9780199280339

Edition: 2005

Authors: Jeremy Phillips, Ilanah Simon

List price: $345.00

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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 key aspects of US and international law. It is an invaluable information source if you or your client: (i) want to register a trade mark; (ii)…

Book details

List price: $345.00
Copyright year: 2005
Publisher: Oxford University Press, Incorporated
Publication date: 6/16/2005
Binding: Hardcover
Pages: 436
Size: 6.14" wide x 9.21" long x 1.10" tall
Weight: 1.760
Language: English




Introduction




Use and non-use in trade mark law




The need to leave free for others to use and the trade mark common




Distinctive character acquired through use : the law and the case law




Distinctive character acquired through use : establishing the facts




Distinguishing use versus functional use : three-dimensional marks




Third party use of trade marks




Trade mark use and denominative trade marks




Use, certification and collective marks




Infringing 'use in the course of trade' : trade mark use and the essential function of a trade mark




Permitted infringing use : the scope of defences to an infringement action




Infringing use of a trade mark as a criminal offence




Use for the purpose of resisting an application for revocation for non-use




The requirement for evidence of use of earlier trade marks in opposition and invalidation proceedings




Trade mark use on the Internet




TRIPs and trade mark use




Use, intent to use and registration in the USA




The role of trade mark use in US infringement, unfair competition and dilution proceedings




Conclusion : what use is use?