chapter  16
55 Pages

Trade Mark Infringement and Challenges to Trade Marks

Introduction 646

16.1 The Exclusive Right 646

16.2 Infringement 650

16.3 Identical Marks/Identical Goods or Services 657

16.4 Identical Marks/Similar Goods or Services; Similar Marks/Identical or Similar Goods or Services 658

16.5 Identical or Similar Marks/Marks with a Reputation 667

16.6 Comparative Advertising 676

16.7 Well-Known Marks 682

16.8 Defences to Infringement 685

16.9 Criminal Offences 689

16.10 Revocation, Invalidity and Acquiescence 689

16.11 Threats 697

Once registered, a mark’s proprietor has an interest both in defending the mark against unauthorised use by others and in exploiting the mark for his commercial purposes. Infringement of the exclusive right conferred by registration defends the mark. Exploitation rests on the property right that registration brings into being. Additionally, registration does not end others’ legitimate interests in the mark. It may be challenged by revocation and declarations of invalidity.