Certification and Collective Marks

Certification and Collective Marks
Author: Jeffrey Belson
Publisher: Edward Elgar Publishing
Total Pages: 384
Release: 2017-10-27
Genre: Law
ISBN: 178536880X

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.

Introduction to Intellectual Property

Introduction to Intellectual Property
Author: Kerry Bundy
Publisher:
Total Pages: 0
Release: 2021-02-24
Genre:
ISBN: 9781951693350

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 Marks

Certification Marks
Author: Jeffrey Belson
Publisher: Sweet & Maxwell
Total Pages: 190
Release: 2002
Genre: Antiques & Collectibles
ISBN: 9780421758209

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.

Trade Mark Licensing

Trade Mark Licensing
Author: Neil J. Wilkof
Publisher:
Total Pages: 398
Release: 1995
Genre: Law
ISBN:

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.

A User's Guide to Trade Marks and Passing Off

A User's Guide to Trade Marks and Passing Off
Author: Nicholas Caddick KC
Publisher: Bloomsbury Publishing
Total Pages: 742
Release: 2021-12-20
Genre: Law
ISBN: 1526511568

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

A User's Guide to Trade Marks and Passing Off

A User's Guide to Trade Marks and Passing Off
Author: Nicholas Caddick
Publisher: Bloomsbury Publishing
Total Pages: 661
Release: 2015-01-01
Genre: Law
ISBN: 1780436858

A User's Guide to Trade Marks and Passing Off, 4th edition focuses on the current law relating to the protection of registered trademarks and certain related rights including 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. Includes the following case law: Illustrative cases such as Lush, Scrabble, Starbucks, Glee Club and Jack Wills; Cadbury and what it means for registering colours as trade marks; How to tackle survey evidence after Interflora; Greek yoghurt continuing the Vodkat line of passing-off cases; Specsavers - Europe's view on the effect of using elements not included in a trade mark registration. Contents: 1. Introduction; 2. What is a trade mark? 3. Other kinds of mark; 4. Absolute grounds for refusal; 5. Relative grounds for refusal of registration; 6. Classification; 7. UK procedure for the registration of a trade mark; 8. Application procedure before the OHIM; 9. International conventions; 10. Representation; 11. Invalidity; 12. Revocation; 13. Ownership of and dealings with trade marks; 14. Infringement; 15. Defences, disclaimers and limitation; 16. Comparative and misleading advertising; 17. Remedies; 18. Groundless threats; 19. Criminal offences; 20. Passing off.

European Trade Mark Law

European Trade Mark Law
Author: Annette Kur
Publisher: Oxford University Press, USA
Total Pages: 704
Release: 2016-07-25
Genre: Law
ISBN: 9780199680443

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 Protection of Geographical Indications in China

The Protection of Geographical Indications in China
Author: Xinzhe Song
Publisher: Kluwer Law International B.V.
Total Pages: 579
Release: 2021-11-23
Genre: Law
ISBN: 940353401X

For some time now, there has been conflict concerning the role in the global marketplace of certain agricultural or handcrafted products of specific geographical origin: whether they should come under trademark law (as favoured by common law countries such as the United States) or under the geographical indications (GI) system developed in France and subsequently promoted by the European Union (EU). At this moment, China is in the eye of the storm. Taking fully into account the legislative and judicial gaps in China’s compromised embrace of the GI concept, this book shows how the Chinese case brings to prominence fundamental issues relating to the functional dissimilarity between trademarks and GIs, the treatment of the terroir concept, the role of GIs in rural development, and the challenges of adopting the French and European model in other countries, especially in East Asia. Providing detailed information on how GIs are registered, protected, and managed in China, France, and the EU, the book includes such practical analysis as the following: comparison between the Chinese and European GI systems to highlight differences in essential elements for GI registration and protection; mistakes and errors arising from forcing the GI function into trademark law; the increasingly larger scope of EU GI protection, protection of collective marks containing GIs, and the extension of GI protection to handicrafts; who is responsible for the protection of each registered name and who can sue for infringement; and legislative options for future GI protection in China. Recognizing not only that GIs protect consumers against fraud and producers against unfair competition but also that the goals include the preservation of rural development, cultural heritage, and traditional knowledge, as well as environmental and ecological protection, this book provides a comprehensive reference on legal tools available for policymakers, legal practitioners, researchers, and local producers concerned with GI or trademark issues in China, France, or the EU. It will prove greatly helpful to corporate lawyers filing international registration applications and taking legal action. It will also be of inestimable value to officials in a variety of countries that are considering developing or improving systems to enhance the value of terroir products, and to academics interested in intellectual property law, trademark law, agriculture policy, GI legislation, or World Trade Organization (WTO) rules.