Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

"TRADE MARKS, COLLECTIVE MARKS, CERTIFICATION MARKS, PASSING OFF AND DOMAIN NAMES" [2019] ELECD 2948; in Blakeney, Michael (ed), "The Protection of Geographical Indications" (Edward Elgar Publishing, 2019) 358

Book Title: The Protection of Geographical Indications

Editor(s): Blakeney, Michael

Publisher: Edward Elgar Publishing

Section: Chapter 6

Section Title: TRADE MARKS, COLLECTIVE MARKS, CERTIFICATION MARKS, PASSING OFF AND DOMAIN NAMES

Number of pages: 73

Abstract/Description:

Chapter 6 is taken up with the protection of GIs by European trade marks, collective marks and certification marks legislation. It looks at the proposed amendments to the Community Trade Mark Regulation to provide for the registration of certification marks. The chapter looks at the concept of distinctiveness of trade marks, the acquired distinctiveness of geographical marks and absolute bars to registration aligned with GIs protection and looks at the relationship between trade marks and GIs. It looks at the relevance of TRIPS and other international instruments in the interpretation of European trade marks law. The common law remedy in passing off is examined in its application to geographical marks and the chapter concludes with an examination of the World Intellectual Property Organization’s (WIPO) Uniform Domain Name Dispute Resolution Policy.