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Genuine Use of Trademarks, Second Edition by GASPAR

Genuine Use of Trademarks, Second Edition

Edited by Eléonore Gaspar
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Overview

Genuine Use of Trademarks is developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI) that is dedicated to improving and promoting the protection of intellectual property at both national and international levels. Since the first edition of this book in 2018, there have been significant modifications in some countries following the implementation of EU Directive 2015/2436. 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. Addressing the issue of trademark use that may be required for the protection and/or maintenance of trademark rights, this book provides clarity, insight, and guidance on the legal issues and practical implications of genuine use of trademarks in twenty-six jurisdictions worldwide.

What’s in this book:

The contributors have extensive experience and in-depth knowledge in trademark protection in their respective jurisdictions. Each chapter considers issues and topics along with case law examples, including 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;
  • 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, including 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 for the genuine use as a trademark, including timing and territory;
  • situations in which the genuine use can be of importance;
  • valid reasons for non-use; and
  • consequences of lack of use depending on the context, including possible revocation of trademark rights.

How this will help you:

One of its kind, this comparative law study 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. Moreover, as a comprehensive resource, this book will prove to be a valuable resource for academics and researchers interested in international harmonization of trademark law.

 

Last Updated 08/18/2021
Product Line Kluwer Law International
ISBN 9789403528335
SKU 10066040-0002
Table of Contents

Editor

Contributors

List of Abbreviations

Foreword

Argentina
Graciela Claudia Pérez De Inzaurraga

Australia
Mark Metzeling & Sarah Matheson

Benelux
Emmanuel Cornu

Brazil
Elisabeth Siemsen do Amaral & Rafael Atab

Canada
Paula Clancy

China
Lanying Lena Shen & Yakai Shi

European Union
Alexander von Mühlendahl

France
Eléonore Gaspar & Laurine Janin-Reynaud

Germany
Rainer Böhm & Sandra Müller

Israel
Avi Ordo & Moran Katz

Italy
Gualtiero Dragotti & Elena Varese

Japan
Masako Nishimura

The Republic of Korea
Seung Yong Lee & Doug Jay Lee

Malaysia
Karen Abraham & Janet Toh Yoong San

Mexico
Eduardo Kleinberg

The Philippines
Aleli Angela G. Quirino & Victor Basilio N. De Leon

Poland
Bartosz Krakowiak & Klaudia Blach-Morysin´ska

Russia
Denis Voevodin & Valeria Larionova

Singapore
Stanley Lai

Spain
Pedro Merino Baylos & David Gomez

Sweden
Karin Cederlund & Dan Eklöf & Anders Kylhammar

Switzerland
Thierry Calame

Thailand
Say Sujintaya

Turkey
Emre Kerim Yardimci & Sarper Sever

United Kingdom
Paul A. Harris & Jan M. Vleck

United States
Dennis S. Prahl

 

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