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Intellectual Property LawText, Cases, and Materials

Intellectual Property Law: Text, Cases, and Materials (4th edn)

Tanya Aplin and Jennifer Davis
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date: 24 February 2024

p. 4598. Trade Marks III:Defences, the Loss of a Trade Mark, and Exhaustion of Rightslocked

p. 4598. Trade Marks III:Defences, the Loss of a Trade Mark, and Exhaustion of Rightslocked

  • Tanya AplinTanya AplinProfessor of Intellectual Property Law, School of Law, King's College, London
  •  and Jennifer DavisJennifer DavisFellow of Wolfson College, Cambridge

Abstract

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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