Trade mark use

著者

書誌事項

Trade mark use

edited by Jeremy Phillips and Ilanah Simon

Oxford University Press, 2005

大学図書館所蔵 件 / 全5件

この図書・雑誌をさがす

注記

Includes bibliographical references and index

内容説明・目次

内容説明

"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) 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 another person's mark should not remain registered.

目次

  • Foreword
  • PART A: INTRODUCTION
  • 1. Introduction
  • PART B: THE CONCEPT OF USE
  • 2. Use and Non-Use in Trade Mark Law
  • 3. The Need to Leave Free for Others to Use and the Trade Mark Common
  • PART C: REGISTRATION
  • 4. Distinctive Character Acquired through Use: The Law and the Case Law
  • 5. Distinctive Character Acquired through Use: Establishing the Facts
  • 6. Distinguishing Use versus Functional Use: Three-Dimensional Marks
  • PART D: EXPLOITATION
  • 7. Third Party Use of Trade Marks
  • 8. Trade Mark Use and Denominative Trade Marks
  • 9. Use, Certification and Collective Marks
  • PART E: INFRINGEMENT
  • 10. Infringing 'Use in the Course of Trade', Trade Mark Use and the Essential Function of the Trade Mark
  • 11. Permitted Infringing Use: The Scope of Defences to an Infringement Action
  • 12. Infringing Use of a Trade Mark as a Criminal Offence
  • PART F: DEATH OF A TRADE MARK
  • 13. Use for the Purpose of Resisting an Application to Revoke for Non-Use
  • 14. The Requirement for Evidence of Use of Earlier Trade Marks in Opposition and Invalidation Proceedings
  • PART G: BROADER PERSPECTIVES
  • 15. Trade Mark Use on the Internet
  • 16. TRIPs and Trade Mark Use
  • 17. Use, Intent to Use and Registration in the USA
  • 18. The Role of Trade Mark Use in US Infringement, Unfair Competition and Dilution Proceedings
  • PART H: POST MORTEM
  • 19. Conclusion: What Use is Use?

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