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Certification and Collective Marks is a thoroughly updated and augmented edition of Certification Marks, first published in 2002. This comprehensive study forms a wide-ranging inquiry, with comparisons of the certification and collective mark systems of the UK, EU and US, whilst also referring to other systems. In addition to the laws and policies impacting ownership and use of these marks, also addressed are their historical development, registration and protection, certifiers’ liability, legal and commercial significance, use in regulatory and technical standardization frameworks, and emergent sui generis forms of certification, namely ecolabels and electronic authentication marks in digital content. This publication is especially timely in light of the advent of the EU certification mark and the controversial EU proposals to extend the Geographical Indications system to include non-agri-food products.
This book is a thoroughly revised and updated third edition of what has become the go-to reference on collective marks and certification marks and remains the only complete volume devoted to these increasingly significant types of trademarks.
Introduction to Intellectual Property provides a clear, effective introduction to patents, copyright, trademarks, and trade secrets. The text may be used by students and instructors in formal courses, as well as those applying intellectual property considerations to entrepreneurship, marketing, law, computer science, engineering, design, or other fields. The luminaries involved with this project represent the forefront of knowledge and experience, and the material offers considerable examples and scenarios, as well as exercises and references.
Certification of web sites plays an important role in Internet security. A certification mark is a guarantee that goods or services, in connection with which the mark is used, comply with certain standards. Certification marks are classed as a special category of trade mark. While they have existed under US and UK law, and the laws of many European and other countries, for almost 100 years, there is currently no publication focusing specifically on the subject. Certification Marks discusses the current state of law in this area, placing it in an historical and commercial context. Particular effort is made to examine several unresolved issues which look set to play important roles in the future, especially EU certification and harmonisation and electronic certification.
This work comprehensively covers the legal issues and practical concerns of trade mark licensing in the international context, particularly with regard to the UK and USA. It describes the historical development and current practice of the relevant laws, including the registered user system, quality control, the Lanham Act and the UK 1994 Trade Marks Act. The focus of the work is on types of license agreement, contractual aspects and problems connected with termination. It addresses EC competition law, bankruptcy, product liability and special text considerations, and concludes with an annotated sample trade mark licence, together with extensive cross-references and annotations.
The definitive practitioner text on the UK law of trade marks and trade names. The book provides trade mark practitioners with a comprehensive analysis of trade mark law through a mix of commentary, case law and legislation.
European Trade Mark Law provides a coherent and authoritative commentary on both the substantive and procedural aspects of European trade mark law. It presents an integrated picture of the two major trade mark law provisions at EU level: the Community Trade Mark Regulation (CMTR), which provides for the registration and protection of a Europe-wide mark; and the Trade Mark Directive (TMD), which aims to harmonise national trade mark laws. The book's core focus is the Community texts and case law, and it offers a detailed analysis of the CMTD and TMD, as well as practical discussion of the procedure for registering, maintaining, and challenging a trade mark through the European Trade Mark Office and at the national level. It considers how national laws have been successfully harmonised by the TMD, and where they differ significantly from others in their implementation of the Directive. Written by one of the leading trade mark lawyers in Europe, this is an invaluable reference for both academics and practitioners in this complex and rapidly developing area of law.
The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights again
Focuses on the current law relating to the protection of registered trademarks and certain related rights. This includes registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Individual topics covered include: Kit-Kat - when can 3D shape marks benefit from 'acquired distinctiveness'? Whether colours may form part of 3D shape marks - Louboutin Infringement by 'wrong way round' confusion Limitations on the own-name defence Calculation of damages, and the availability of blocking injunctions