Author: J. Thomas McCarthy
Publisher: Clark Boardman Callaghan
ISBN:
Category : Law
Languages : en
Pages : 1186
Book Description
McCarthy on Trademarks and Unfair Competition
Author: J. Thomas McCarthy
Publisher: Clark Boardman Callaghan
ISBN:
Category : Law
Languages : en
Pages : 1186
Book Description
Publisher: Clark Boardman Callaghan
ISBN:
Category : Law
Languages : en
Pages : 1186
Book Description
Basic Facts about Trademarks
Author:
Publisher:
ISBN:
Category : Trademarks
Languages : en
Pages : 16
Book Description
Publisher:
ISBN:
Category : Trademarks
Languages : en
Pages : 16
Book Description
Genuine Use of Trademarks
Author: Eléonore Gaspar
Publisher: Kluwer Law International B.V.
ISBN: 9403528354
Category : Law
Languages : en
Pages : 567
Book Description
This book addresses the issue of trademark use that may be required for the protection and/or maintenance of trademark rights. Since the first edition of this book in 2018, there have been significant modifications in some countries, particularly, following the implementation of EU Directive 2015/2436 in the EU countries. Laws around the world do not attach the same consequence to the lack of use of a trademark, and courts do not always assess in the same way whether a trademark is genuinely used. This is a fundamental issue for trademark owners since, depending on the jurisdiction, lack of genuine use can lead to the refusal of trademark registration, the revocation of trademark rights, or prevent the owner of a non-used trademark from initiating an action based on its trademark. This detailed analysis provides clarity, insight, and guidance on the legal issues and practical implications of genuine use of trademarks in twenty-six jurisdictions worldwide. This book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. This topic was the subject of an AIPPI study, and its subsequent Resolution – The Requirements of Genuine Use of Trademarks for Maintaining Protection (2011, Hyderabad) – which aims to harmonize this issue of genuine use of trademarks. The authors of the chapters for each jurisdiction were carefully selected based on their extensive experience and in-depth knowledge of trademark protection in their respective jurisdictions. Each chapter considers issues and topics such as the following: types of use that qualify as genuine use of a trademark, including requirements as to whether uses are consistent with the function of the trademark or made in the course of trade; requirements as to the volume, duration, and frequency of use; impact of the trademark’s designation of goods and services; issues relating to the sign used, particularly, if it is used in a different form from the registered trademark (this includes consideration of alteration of the distinctive character, or the potential impact of a plurality of registered trademarks for different signs, or the question of use in black and white or in colour); proof to be provided to evidence genuine use as a trademark, including issues of timing and territory; situations in which the issue of genuine use can be of importance; valid reasons for non-use; consequences of lack of use depending on the context, including possible revocation of trademark rights; and case law examples. As a comparative law study and a collection of contributions from around the world on a key issue of trademark law, this book is of tremendous practical interest. Trademark owners, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. It is also exceptionally valuable as a comprehensive resource for academics and researchers interested in the international harmonization of trademark law.
Publisher: Kluwer Law International B.V.
ISBN: 9403528354
Category : Law
Languages : en
Pages : 567
Book Description
This book addresses the issue of trademark use that may be required for the protection and/or maintenance of trademark rights. Since the first edition of this book in 2018, there have been significant modifications in some countries, particularly, following the implementation of EU Directive 2015/2436 in the EU countries. Laws around the world do not attach the same consequence to the lack of use of a trademark, and courts do not always assess in the same way whether a trademark is genuinely used. This is a fundamental issue for trademark owners since, depending on the jurisdiction, lack of genuine use can lead to the refusal of trademark registration, the revocation of trademark rights, or prevent the owner of a non-used trademark from initiating an action based on its trademark. This detailed analysis provides clarity, insight, and guidance on the legal issues and practical implications of genuine use of trademarks in twenty-six jurisdictions worldwide. This book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. This topic was the subject of an AIPPI study, and its subsequent Resolution – The Requirements of Genuine Use of Trademarks for Maintaining Protection (2011, Hyderabad) – which aims to harmonize this issue of genuine use of trademarks. The authors of the chapters for each jurisdiction were carefully selected based on their extensive experience and in-depth knowledge of trademark protection in their respective jurisdictions. Each chapter considers issues and topics such as the following: types of use that qualify as genuine use of a trademark, including requirements as to whether uses are consistent with the function of the trademark or made in the course of trade; requirements as to the volume, duration, and frequency of use; impact of the trademark’s designation of goods and services; issues relating to the sign used, particularly, if it is used in a different form from the registered trademark (this includes consideration of alteration of the distinctive character, or the potential impact of a plurality of registered trademarks for different signs, or the question of use in black and white or in colour); proof to be provided to evidence genuine use as a trademark, including issues of timing and territory; situations in which the issue of genuine use can be of importance; valid reasons for non-use; consequences of lack of use depending on the context, including possible revocation of trademark rights; and case law examples. As a comparative law study and a collection of contributions from around the world on a key issue of trademark law, this book is of tremendous practical interest. Trademark owners, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. It is also exceptionally valuable as a comprehensive resource for academics and researchers interested in the international harmonization of trademark law.
Trademarks, Brands, and Competitiveness
Author: Teresa da Silva Lopes
Publisher: Routledge
ISBN: 1135177333
Category : Business & Economics
Languages : en
Pages : 271
Book Description
Trade Marks, Brands and Competitiveness brings together scholars from a variety of disciplines to provide a critical account of the contribution of branding to economic growth, the relationship between trademark law and brand strategy, and the building and repositioning of individual brands as case studies in the effects of competition.
Publisher: Routledge
ISBN: 1135177333
Category : Business & Economics
Languages : en
Pages : 271
Book Description
Trade Marks, Brands and Competitiveness brings together scholars from a variety of disciplines to provide a critical account of the contribution of branding to economic growth, the relationship between trademark law and brand strategy, and the building and repositioning of individual brands as case studies in the effects of competition.
The Law of Trademarks, Tradenames and Unfair Competition
Author: James Love Hopkins
Publisher:
ISBN:
Category : Competition, Unfair
Languages : en
Pages : 1192
Book Description
Publisher:
ISBN:
Category : Competition, Unfair
Languages : en
Pages : 1192
Book Description
The Law and Practice of Trademark Transactions
Author: Irene Calboli
Publisher: Edward Elgar Publishing
ISBN: 1783472138
Category : Law
Languages : en
Pages : 681
Book Description
The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.
Publisher: Edward Elgar Publishing
ISBN: 1783472138
Category : Law
Languages : en
Pages : 681
Book Description
The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.
Official Gazette of the United States Patent and Trademark Office
Author:
Publisher:
ISBN:
Category : Patents
Languages : en
Pages : 1656
Book Description
Publisher:
ISBN:
Category : Patents
Languages : en
Pages : 1656
Book Description
Decisions of Commissioner of Patents and U.S. Courts in Patent and Trademark and Copyright Cases
Author: United States. Patent Office
Publisher:
ISBN:
Category : Patent laws and legislation
Languages : en
Pages : 468
Book Description
Publisher:
ISBN:
Category : Patent laws and legislation
Languages : en
Pages : 468
Book Description
California. Court of Appeal (4th Appellate District). Division 3. Records and Briefs
Author: California (State).
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 84
Book Description
Number of Exhibits: 3
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 84
Book Description
Number of Exhibits: 3
Official Gazette of the United States Patent and Trademark Office
Author: United States. Patent and Trademark Office
Publisher:
ISBN:
Category : Patents
Languages : en
Pages : 1092
Book Description
Publisher:
ISBN:
Category : Patents
Languages : en
Pages : 1092
Book Description