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(p. 451) 8. Trade Marks III: Defences, The Loss of a Trade Mark, and Exhaustion of Rights 

(p. 451) 8. Trade Marks III: Defences, The Loss of a Trade Mark, and Exhaustion of Rights
Chapter:
(p. 451) 8. Trade Marks III: Defences, The Loss of a Trade Mark, and Exhaustion of Rights
Author(s):

Tanya Aplin

and Jennifer Davis

DOI:
10.1093/he/9780198743545.003.0008
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date: 18 October 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter considers the limitations of the protection afforded by trade mark registration. It discusses the defences to infringement set out in Article 6 of the Trade Marks Directive and section 11 of the Trade Marks Act 1994; trade marks and comparative advertising; the ways in which it is possible to lose registered trade mark protection (through revocation and a finding of invalidity); and how trade mark rights might be exhausted.

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