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 consists of an introduction to one of the core parts of modern land law: land registration. It provides a relatively brief introduction to the idea of registration of title and examines some of the key aims of the Land Registration Act 2002, looking at how the special features of land can explain the prominence of registration systems in land law and considering, in particular, the means by which the Act protects registered parties and the circumstances in which that protection is limited.
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Chapter
3. Registration
Chapter
3. Registration
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 consists of an introduction to one of the core parts of modern land law: land registration. It provides a relatively brief introduction to the idea of registration of title and examines some of the key aims of the Land Registration Act 2002, looking at how the special features of land can explain the prominence of registration systems in land law and considering, in particular, the means by which the Act protects registered parties and the circumstances in which that protection is limited.
Chapter
2. Registered Land
This chapter offers a detailed account of how land registration operates under the Land Registration Act 2002 (LRA 2002). The LRA 2002 is the primary source of our title registration system and provides the statutory framework for the modern law. This chapter unpacks the LRA 2002 which governs land registration today: its objectives, mechanics, as well as exploring the implications of registration for the enforceability of interests in land. The chapter therefore first serves to clarify and cement the idea or the concept of registration before turning to examine more closely the nuts and bolts of how our contemporary registration system functions.
Chapter
35. Trade Mark Registration
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter focuses on the process of registration for trade marks in the United Kingdom, including changes introduced by the UK leaving the EU, as well as international protection. It begins by explaining the procedures and documentation needed in filing trade mark applications at the national and international levels, while outlining the examination process. After considering national registration, the international filing systems established under the Madrid Agreement on the International Registration of Marks of 1891 and the Madrid Protocol of 1989 are described. The chapter concludes by presenting possible avenues through which to acquire trade mark protection.
Chapter
10. Registration of a ‘sign’
This chapter discusses the registration of trade marks. Unlike passing off protection that is not subject to formalities, trade marks ought to be registered in order to receive legal protection. Whether a trade mark is capable of registration depends on three requirements. First, whether the subject matter of the application satisfies the definition of ‘trade mark’ in s. 1 of the Trade Marks Act 1994; second, whether there are any objections to the application under the absolute grounds for refusal in s. 3; and third, whether there are any prior rights which could prevent registration under the relative grounds for refusal in s. 5. The chapter then presents an outline of the registration procedure. In essence, the procedure can be broken down into six steps: application and filing of Form TM3; examination; search and notification of prior rights; publication and notification to owner(s) of prior rights; opposition; and registration.
Chapter
11. Absolute grounds for refusal of registration
This chapter examines the absolute grounds for refusal of trade marks from registrability, which are found in s. 3 of the Trade Marks Act 1994 (TMA). The chapter lists objections to registrability based on the mark's own characteristics. To be refused registration, the mark should possess some innate quality which prevents registration. For instance, the mark applied for may be descriptive, generic, or it may lack distinctiveness. Marks that go against public policy or marks that are immoral will also be refused protection. The TMA also contains a number of negative objections in contrast to its predecessor, which required an applicant to show that the mark applied for was positively entitled to registration.
Chapter
1. Formation, classification, and registration of companies
This chapter considers the mechanics of formation and registration as well as the various types of companies which may be formed. The focus is on registered companies, registered under the Companies Act 2006. The chapter considers the role of the registrar of companies and the public registry and the types of companies which can be registered. The key categories are companies limited by shares and limited by guarantee. Private and public companies limited by shares as well as corporate groups are all considered. The chapter also looks briefly at alternative vehicles for business, such as partnerships, limited partnerships and limited liability partnerships.
Chapter
2. Incorporation
This chapter discusses the process of incorporation and the advantages and disadvantages of conducting business through a company. The three principal methods by which a company can be incorporated are: incorporation by Act of Parliament, incorporation by Royal Charter, and incorporation by registration. The advantages of incorporation include perpetual succession, asset ownership, and the ability to commence legal proceedings. The disadvantages of incorporation include increased formality, regulation, publicity, and civil liability.
Chapter
2. Registered Land
This chapter offers a detailed account of how land registration operates under the Land Registration Act 2002 (LRA 2002). The LRA 2002 is the primary source of our title registration system and provides the statutory framework for the modern law. As of 2023, 88 per cent of titles in the total land mass in England and Wales is registered; that’s over 26 million registered titles, leaving just 12 per cent of titles land unregistered. The significance of this is that, today, the vast majority of dealings with land now engage registered land principles. This chapter unpacks the LRA 2002: its aims and objectives, mechanics of registered land, as well as exploring the implications of registration for the enforceability of interests in land.
Chapter
25. How Design Protection Arises in the United Kingdom
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter considers the way in which design right comes into being, whether by registration in the case of registered designs in the United Kingdom or automatically in the case of unregistered designs. It also discusses the conditions that must be satisfied for an unregistered design right to arise, as well as the procedures for applying for national registered design protection in the UK. The chapter also explains the ramifications of Brexit for design protection in the UK.
Chapter
14. Registration and Use of the Trade Mark
Justine Pila and Paul L.C. Torremans
This chapter discusses the acquisition of a trade mark. EU law distinguishes between the product or service to which the trade mark is applied on the one hand, and the trade mark on the other hand. One needs first of all to be in the presence of a sign, something that can be applied to the product or service and that can convey information. The cornerstone of the matter is that the sign should be distinctive as to origin. The main objective of trade mark law is to enable rights holders and consumers to distinguish the source of identical goods or services with a different origin. The remainder of the chapter covers unregistrable marks, absolute grounds for refusal of registration, relative grounds for refusal of registration, applying for a Community trade mark, and uses of trade marks.
Chapter
5. Registration of Title—the Basic Principles
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the basic principles which govern the substantive registration of estates in land. It covers registration of title (the mirror principle, the curtain principle, and the insurance principle); the form of the register (the property part, the proprietorship part, and the charges part); categories of rights in registered land; first registration of title; procedure where a sale or lease gives rise to first registration; grades of title; land certificates; conclusiveness of the register; dispositions of registered titles; and procedure on transfer of a registered title.
Chapter
36. Subject Matter
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter discusses three requirements that a sign must satisfy to be validly registered or, if it is already registered, to ensure that it is not subsequently declared invalid: there is a sign; the sign can be represented adequately; and the sign must be capable of distinguishing the goods or services of one undertaking from those of other undertakings. The chapter also considers specific policy-based limits on the registration of shapes or other characteristics of products, in the form of three ‘functionality’ exclusions. It also briefly outlines certification and collective marks.
Chapter
37. Absolute Grounds for Refusal
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter examines the ‘absolute’ grounds for refusing to register a trade mark as set out in section 3 of the Trade Marks Act 1994. It first looks at the reasons for denying an application for trade mark registration before analysing the absolute grounds for refusal, which can be grouped into three general categories: whether the sign falls within the statutory definition of a trade mark found in sections 1(1) and 3(1)(a) and (2) of the Trade Marks Act 1994; whether trade marks are non-distinctive, descriptive, and generic; and whether trade marks are contrary to public policy or morality, likely to deceive the public, or prohibited by law, or if the application was made in bad faith. Provisions for specially protected emblems are also considered.
Chapter
38. Relative Grounds for Refusal
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter focuses on ‘relative grounds’ for denying an application to register a trade mark as set out in section 5 of the Trade Marks Act 1994. It identifies ‘earlier trade marks’ and ‘earlier rights’ before turning to the tests which allow a prior mark to oppose the registration of a subsequent one. First, it reviews the so-called double identity ground, where an identical (later) mark is applied for, in the context of identical products. Second, it considers when likelihood of confusion may be established. Third, it surveys three situations referred to collectively as ‘dilution’, where the later mark may mentally evoke the earlier one in a way that is not confusing, yet still wrongful. It also explains the ‘advertising function’ of a trade mark, along with requirements relating to reputation and ‘due cause’. Finally, the chapter discusses relevant provisions governing unregistered trade marks, copyright, and the various design rights.
Chapter
39. Revocation
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter examines revocation as a reason for removing a mark from the register and the grounds for revocation as set out in section 46 of the Trade Marks Act 1994. It begins by discussing the first ground on which a mark may be revoked: ‘non-use’ (the trade mark has not been used for five years following the date of completion of the registration). It considers the relevant period of non-use and proper reasons for non-use, along with the issue of rewriting the specification with respect to goods and services. The chapter then looks at the second ground for the revocation of trade marks: if the mark has become the ‘common name in the trade’ (that is, generic marks). The final reason for revocation is if the mark has been used in a way that misleads the public (that is, deception is involved).
Chapter
5. Registration of Title
The 1925 legislation was enacted in part to encourage the development of the registration of title to land, to which end the basic doctrines of substantive Land Law had to be simplified. Thereafter, the legislation’s ultimate goal has been to make sure that all land titles in England and Wales are registered. Registration of title aims to facilitate the security of land ownership and land transfer. This chapter focuses on the registration of land titles in England and Wales. After providing an overview of the basics of title registration, it discusses the Land Registration Act 2002, registrable interests, registration with an absolute title, third-party rights, unregistered interests which override registration, titles that are less than absolute, dealings with registered land, and indemnity as a result of alteration of register.
Chapter
4. Retention of title clauses
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on retention of title clauses, also known as reservation of title clauses, in sale of goods contracts. It explains how retention of title (or Romalpa) clauses are especially useful in cases where the buyer becomes insolvent and then stresses the importance of properly incorporating a retention of title clause into the contract of sale. The chapter examines the 1976 Romalpa case and its influence on retention of title cases. It considers ‘all-liabilities’ clauses in contracts of sale of goods and concludes by discussing criticisms against retention of title clauses and how, in practice, they might fail. The chapter discusses the 2014 Court of Appeal decision in FG Wilson (Engineering) Ltd v John Holt & Co (Liverpool) Ltd, which illustrates the dangers of retention of title clauses, which can leave buyers somewhat unprotected, and how a degree of balance was reintroduced by the Supreme Court in PST Energy 7 Shipping LLC and another v OW Bunker Malta Ltd and another [2016].
Chapter
8. Formal Methods of Acquisition: Contracts, Deeds, and Registration
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 describes the formality requirements that must be complied with for the creation or transfer of legal estates and interests in land. The three stages of creating and transferring legal rights are contract, creation or transfer, and registration. The Law of Property (Miscellaneous Provisions) Act 1989 provides the formality requirements for contracts and made the consequences of non-compliance more severe. Under s 2 of the 1989 Act, a contract may take the form of a single document signed by both parties or an exchange of documents, each of which has been signed by one of the parties. The chapter considers the requirements of s 2 and the consequences of non-compliance, including concepts which may assist a party to acquire a right, even if the agreement does not seem to comply with s 2. The operation of proprietary estoppel and of constructive trusts is thus examined. The requirement of registration is considered, along with the problems that arise from the ‘registration gap’ and the possible effects of e-conveyancing.
Chapter
1. Formation, classification, and registration of companies
This chapter considers the mechanics of formation and registration and the various types of companies which may be formed. It looks at the application for incorporation and the issue of the certificate of incorporation. It considers, briefly, alternative vehicles for business, such as partnerships, limited partnerships, and limited liability partnerships. The chapter covers types of registered companies, companies limited by guarantee, private and public companies, re-registration of companies, and groups of companies. It considers the role of the registrar of companies, her objectives and powers, and the requirements for identity verification which will affect directors and people with significant control and any person delivering documents to the registrar.
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