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Class 46 - for your European trade mark news
 

Now in its sixth year, Class 46  is dedicated to European trade mark law and practice.  This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
 
  WEDNESDAY, 27 MAY 2009
Irish trade mark law: a new book is published

Trade Marks Law is the descriptive title of Glen Gibbons' newly-published book on Irish trade mark law. The author is a Barrister-at-Law and Lecturer in Law at The Honorable Society of King's Inns. This little book costs €164, so the prospective purchaser may reasonably ask: "what do I get for my money?". The answer is, quite a lot actually. According to the web-blurb,

"Trade Marks Law is a specialised book that will be of interest to practitioners, university students, solicitors and barristers practising in the area of commercial law, and the law departments of large corporations".
Apart from the appended primary and subordinate Irish legislation, the contents include chapters on International Regulation, Common Law Liability, Registration, the various grounds for refusal, Infringement, Remedies & Penalties, Surrender, Revocation and Invalidity. Comparative advertising is framed within a trade mark context. Peripheral issues such as competition law are mentioned but not dealt with in depth; extraneous topics such as valuation are not dealt with at all. There is a small and not excessive degree of historical background and very little in the way of speculation All of this gives the book its orientation as a work for people whose daily work involves filing for trade mark registration, opposing the applications of others, chasing infringers and trying not be infringers themselves. The author deserves to be congratulated for his efforts.

One thing that may surprise the non-Irish reader (but not readers of the European Trade Mark Reports) is the fact that Ireland has developed quite a sizeable body of case law of its own, mainly but by no means exclusively at the Patents Office level. This effect could be emphasised in the next edition if the table of cases were to list the Irish decisions separately or mark them with an asterisk.

Bibliographic details: publisher, Oak Tree Press, Cork, Ireland. ISBN 978-1-904887-30-0. lx + 404 pages (the appendices don't start till nearly page 300). Hardback, €164. Book's website here.

Posted by: Jeremy Phillips @ 09.41 
Tags: Book review, Ireland,

 

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Birgit Clark
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The Class 46 archive


+ 2013
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- 2009
     + December (44)
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     + September (48)
     + August (39)
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     - May (55)
MARRONI DI COMBAI chestnuts seek PGI protection
Latest ETMR now published
Opinion of the Advocate General on use of “Salame di Felino” - A mouth watering opinion
AIRKRAFT mark gets off the ground in Cyprus
Three vacant chairs in Alicante
KitKat Pop Choc trade dress not confusingly similar to Maltesers, rules Swiss Supreme Court
Denmark: Wine bottle labels made of tin – no trademark infringement
To decide or not to decide? That is the question
Irish trade mark law: a new book is published
Latest edition of Alicante News
Class dispute over similarity of goods too complex for summary judgment
Aurelia, non-renewal and foreseeable system failure
Poland: social coexistence in trade mark registration
Poland: genuine use of a trade mark
L'Oréal / eBay: UK decision available
The Principality finally prevails – MONTE CARLO not registrable for key chains and tale watches
Three more PGIs for Europe
Lithuanian smoked sausage goes for TSG protection
Estonia signs up for Singapore trade mark regime
The Knut polar bear saga continues
Finland: Not so strong, regardless of its name…
OHIM: Fees Regulation and Implementing Regulation
Privatisation and the grant of trade marks
CORNISH SARDINES, FORMAGGIO DI FOSSA DI SOGLIANO head for GI protection
Interview with Wubbo de Boer
Fourth question passed to the ECJ on sponsored links and trade mark use ("Bananabay" case)
"unofficialblackberrystore.com" does not quite work
Switzerland: protectability of a pure melody trade mark
Actimel vs Actimelon
Happy Sandwich confusingly similar to happy says OHIM (but is either of them distinctive?)
Bleu du Vercors-Sassenage PDO specification amended
French decision in L'Oréal / eBay available
Poland: 600 or can a number serve as a trade mark?
L'Oréal / eBay: Paris court proposes mediation
CFI clarifies who may apply for renewal of a CTM
Restitutio and time limits: how does the law stand now for CTMs?
Online advertising & Keywords update Italy.
Millionth international trade mark registration goes to Austrian firm
Human cosmetics and veterinary products dissimilar, rules Hungarian board
Finns and Swedes make peace over labelling of Lapland reindeer meat
Kashubian strawberries and other delicacies head for PGI protection
Znojemské pivo GI status confirmed
Four European teams shortlisted for Industry Award
Brand loyalty in crisis and private label on the rise in Greece
Use of MONT BLANC on cigarettes not harmful to MONTBLANC stationery products in Latvia
Similar marks on wine and glasses not likely to cause confusion says ECJ
Ukraine signs up to figurative marks agreement
Poland: average consumer and advertising of pharmaceutical products
Poland: interest interpretations
Book review
CTM filing alert
Redykolka cheese seeks GI protection
Recent GI news from Spain, Hungary and Poland
Brandz 2009
Coming up next week in the ECJ
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