Show Summary Details
Contemporary Intellectual PropertyLaw and Policy

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

Abbe Brown, Smita Kheria, Jane Cornwell, and Marta Iljadica
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 30 September 2022

p. 54614. Trade marks 2: definition of a registrable trade mark, absolute grounds for refusal and invalidation, and revocationlocked

p. 54614. Trade marks 2: definition of a registrable trade mark, absolute grounds for refusal and invalidation, and revocationlocked

  • 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 examines the definition of a registrable trade mark, absolute grounds for refusal or invalidation of a registered trade mark, the extent to which objections can be overcome through proof of distinctiveness acquired through use and the rules on revocation of a registered trade mark, both at national and EU levels. It examines these issues looking at many different kinds of trade mark, from traditional work marks and logos to so-called ‘non-conventional’ trade marks such as three-dimensional product shapes, sounds, smells, colours, and ‘position’ marks. The chapter reflects evolving legislation at an EU level (particularly the EU’s 2015 trade mark reform package), a rich base of case law, and links to the the theroetical debates seen in Chapter 13.

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.

Subscribe

Access to the full content requires a subscription