Kerly's Law of Trade Marks and Trade Names

The definition of a trade mark. The register of trade marks and the trade marks branch of the patent office. Classification of goods and services - marks formerly associated. National registration of trade marks. Community trade mark procedure and international trade marks. Absolute grounds for refusal of registration. Relative grounds for refusal of registration. Validity and removal of trade marks from the register. Geographical indications and appellations of origin. Collective and certification marks. Assignments, trade marks as property co-ownership and licences. The definition of infringement. The action for passing off. Limitations on enforcement and exploitation, assessing the degree of resemblance or similarity between marks or get-up. Trade libel and threats. Civil proceedings for trade mark infringement and passing off. Criminal proceedings. Customs powers and procedures. The Internet. Miscellaneous.