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Contemporary Intellectual PropertyLaw and Policy

Contemporary Intellectual Property: Law and Policy (5th edn)

Abbe Brown, Smita Kheria, Jane Cornwell, and Marta Iljadica
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date: 04 October 2022

p. 52513. Trade marks 1: key features, theoretical underpinnings, and the national, EU, and international regimeslocked

p. 52513. Trade marks 1: key features, theoretical underpinnings, and the national, EU, and international regimeslocked

  • Abbe Brown, Abbe BrownProfessor in Intellectual Property, University of Aberdeen
  • Smita Kheria, Smita KheriaSenior Lecturer in Intellectual Property Law, University of Edinburgh
  • Jane CornwellJane CornwellLecturer in Intellectual Property Law, University of Edinburgh
  •  and Marta IljadicaMarta IljadicaLecturer in Intellectual Property, University of Glasgow

Abstract

This chapter introduces the key features of registered trade mark law, highlighting core aspects of registered trade mark protection and its differences to other IP rights. It discusses the theoretical underpinnings for registered trade mark protection and also the accompanying policy tensions, in the context of an increasingly visible place of brands in society. The chapter introduces the legal regime for the protection of trade marks from an international, EU, and national (UK) perspective. Reflecting relevant agreements and treaties, the chapter outlines various standards established for the protection of trade marks, along with the systems by virtue of which traders can register and protect marks in many countries throughout the world.

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