The Use and Misuse of Well-Known Marks Listings
The Use and Misuse of Well-Known Marks Listings

Author: Kung-Chung Liu

Publisher:

Published: 2011

Total Pages: 0

ISBN-13:

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The continual strengthening of the protection for well-known marks has been one of the features of international trademark development in the post-TRIPS era. In many countries well-known marks can now be granted full trademark right and protection merely from the fact that they are well-known; well-known marks can also be protected against dilution or even the likelihood thereof, and against comparative advertising that is discrediting or denigrating. However, for market late-comers seeking a new trademark, there is no clear way to determine if a particular mark is well-known. Without this certainty the applicant cannot calculate the risk of having the trademark application rejected or even the risk of liability through the infringement upon or the dilution of a well-known mark. Therefore, with various jurisdictions establishing different ways of listing well-known marks, the variant listing methods have resulted in divergent effects. This paper examines the various practices of listing well-known marks and points out how listings can be misused. It evaluates the pros and cons of different models of listing well-known marks. With the aim of maximizing the use and minimizing the misuse of listings, this paper concludes by advocating the creation of a centralized on-line database of well-known marks cases recognized in the past five years.

Charting Limits on Trademark Rights
Charting Limits on Trademark Rights

Author: Sun

Publisher: Oxford University Press

Published: 2023-05-12

Total Pages: 337

ISBN-13: 0198871244

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Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations. With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.

Annotated Leading Trademark Cases in Major Asian Jurisdictions
Annotated Leading Trademark Cases in Major Asian Jurisdictions

Author: Kung-Chung Liu

Publisher: Routledge

Published: 2019-10-08

Total Pages: 469

ISBN-13: 1000699269

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There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.

Community Trade Mark Law
Community Trade Mark Law

Author: Frank Bøggild

Publisher: Kluwer Law International B.V.

Published: 2015-12-23

Total Pages: 714

ISBN-13: 9041162216

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The introduction in Europe in 1996 of the Community trade mark (CTM) brought into being a new and independent trade mark system with its own sources of law, its own procedures, and its own administrative and judicial bodies, notably the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM), the agency designated to process applications for the registration of CTMs. In 2011, OHIM for the first time received 100,000 applications in one and the same year – which was also the year in which the one millionth application was filed. Case law of the European Court of Justice (ECJ) and the European General Court (EGC) on the interpretation of the Trade Mark Regulation and the Trade Mark Directive is – together with decisions of OHIM and its Boards of Appeals – absolutely central to the understanding of Community trade mark law, including the trade mark laws of Member States. This book offers an in-depth scrutiny, categorization, and analysis of this extensive body of case law. Focusing on issues of practical relevance for practitioners, the chapters cover such aspects of Community trade mark law as the following: • OHIM's procedure for registration; • the appeals system (OHIM's Boards of Appeals, the EGC, and the ECJ); • trade mark strategies; • absolute and relative grounds for refusal; • three-dimensional trade marks; • non-registered national trade marks and registration in bad faith; • trade marks with a reputation; • acquired distinctiveness; • trade mark functions and use as a trade mark; • limitations of exclusivity; • nature and extent of genuine use; • grounds for revocation and invalidity; • transfer of trade marks and licensing; • national trade mark courts. Also covered are the pending and proposed amendments to the Trade Mark Regulation and the Trade Mark Directive. This book covers in depth the practical applications of this important and much-used body of law. It will be of enormous value and benefit to company lawyers, attorneys, trade mark attorneys, and anyone else dealing with trade mark law, whether on a Community level or nationally.

Innovation and IPRs in China and India
Innovation and IPRs in China and India

Author: Kung-Chung Liu

Publisher: Springer

Published: 2016-05-19

Total Pages: 230

ISBN-13: 9811004064

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This book examines the two most populous nations on earth – India and China – in an effort to demystify the interaction between intellectual property rights (IPR) regimes, innovation and economic growth by critically looking at the economic and legal realities. In addition, it analyzes the question of how innovation can best be transformed into IPR, and how IPR can best be exploited to encourage innovation. Comparing and contrasting these two giant nations can be highly beneficial as China and India were the two fastest-growing economies in the last three decades, and together their populations make up one third of the world’s total population; as such, exploring how to sustain their growth via innovation and commercialization of IPR could have a tremendous positive impact on global well-being. While a study of these two mega countries with such diverse dimensions and magnitudes can never be truly comprehensive, this joint effort by scholars from law, business management and economics disciplines that pursues an empirical approach makes a valuable contribution. Divided into three parts, the first offers an in-depth doctrinal and empirical analysis. The second part exclusively focuses on India, while the last is dedicated to China.

Famous and Well-known Marks
Famous and Well-known Marks

Author: Frederick W. Mostert

Publisher: Bloomsbury Professional

Published: 1996-12-31

Total Pages: 699

ISBN-13: 9780406997340

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"This unique book introduces the subject through an initial chapter focusing on the international law position, followed by a chapter on each of the approximately 15 jurisdictions (including the UK, the US, Japan, France, Germany, Italy, China, Australia and South Africa) outlining the separate provisions which exist for the protection of famous and well-known marks in that country. Each chapter follows the same structure to ensure uniformity of content. National legislation, such as it exists, is reproduced in an appendix together with a number of illustrations showing famous and infringing marks. Well-known marks carry with them significant reputation and worth; unauthorised exploitation has serious economic implications for the trade mark owners. Various matters need to be considered when dealing with this area: how a well-known mark is defined, how such a mark may qualify for protection, 'bad faith' use of such a mark and the damages or other remedies which may be available to the trade mark owner in the event of such use having taken place."

Branding
Branding

Author: John M. Murphy

Publisher: Springer

Published: 2016-07-27

Total Pages: 230

ISBN-13: 1349126284

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Brands are among the most valuable assets of most of today's corporations. Brand names are the lingua franca of commerce. Branding is all about brands in both the packaged goods and the services industries - how to develop them, how to protect them, how to use them effectively. It combines the practical experience of marketing executives, trade mark lawyers, designers, advertising agents and others. It provides an international perspective on branding and is the first, authoritative book written on this increasingly important subject.