Kerly on the Law of Trademarks 16e

Kerly on the Law of Trademarks 16e

By David Llewellyn, James Mellor, Tom Moody-Stuart, David Keeling, Iona Berkeley


$694.00* RRP

Forthcoming Release, 22/12/2017

Code: 9780414052017

Sweet & Maxwell, UNITED KINGDOM

Available Formats

Format Title Date Code Price
Book Kerly on the Law of Trademarks 16e 22/12/2017 9780414052017 $694.00 Pre-order


Kerly's Law of Trade Marks and Trade Names has provided expert guidance on all aspects of UK trade mark law since 1894. Through a mix of insightful commentary and up-to-date analysis of case law and legislation from the UK and Europe, it is the reference for the provision of clear and authoritative advice.

The 16th edition sees a major update with the inclusion of three new chapters on topics including the average consumer, Brexit, and the defining characteristics of trade marks. It also analyses the highly significant European trade mark reforms – the greatest change to trade mark law for 20 years.

  • Provides the most comprehensive and authoritative guidance on the law of trade marks and trade names in the United Kingdom
  • Explains core topics of trade mark law: classification, registration (UK and European), enforcement, infringement, and litigation
  • Detailed analysis of community trade marks, their provisions, extent of protection, and procedural matters
  • Covers issues of assignment, licensing, merchandising, and franchising
  • Lays out the absolute and relative grounds for the refusal of registration
  • Addresses trade mark infringement and outlines a range of defences including limitations on, exclusions from, and statutory.

Some of the key new features of the 16th edition include:

  • Explains the changes introduced by the European Trade Mark Reform, analysing the key legislation affecting community trade marks and the owners of national trade marks in the EU.
  • A new chapter dedicated to the average consumer identifying relevant characteristics, factors that influence the level of attention, and discussion of where it is (and is not) deployed.
  • A new chapter explaining the likely impact of Brexit on registered trade marks which have force in the UK and the effect on owners of EU registered trade marks used primarily in the UK.
  • A new chapter addressing the meaning of the expression “trade mark,” outlining its essential functions and characteristics.


  • Includes all recent case law developments, including Intel, L’Oreal v Bellure, Whirlpool, Lindt, Cipriani, and Budweiser as well as the adwords cases culminating with Interflora
  • Provides the latest legislation, including the updated Trade Mark Directive, Community Trade Mark Regulation and Misleading and Comparative Advertising Directive
  • Substantially rewritten chapters on Relative Grounds and Infringement
  • Chapters on Defences, Evidence, the Olympics
  • The latest on the Community Trade Mark and Madrid systems
  • Key topics such as, Exhaustion, Competition, Company and Business Names, the Internet and Human Rights have been made more accessible
  • Up to the minute discussion of the various functions of a trade mark.

Table of Contents

Introduction. A “trade mark” in EU law. The UK Register of Trade Marks. Classification of Goods and Services. UK Registration Procedure. Community Trade Marks. The Madrid System. Absolute Grounds for Refusal. Relative Grounds for Refusal. Validity and Removal of Trade Marks from the Register. Geographical Indications and Appellations of Origin. Collective and Certification Marks. Dealings in Trade Marks. Infringement. Defences. Exhaustion. Competition Law and Trade Marks. Passing Off. Trade Libel and Threats. Civil Proceedings for Trade Mark Infringement and Passing Off. Evidence. Criminal Proceedings. Customs Powers and Procedures. Character and Celebrity Merchandising. The Olympics. Company and Business Names. The Internet and Domain Name Disputes. Human Rights and Trade Marks.
Pre-order: This item will be available on: 22 Dec 2017

Got a Promo Code?