Need help with my writing homework on Intellectual Property Law: Trade Marks. Write a 4000 word paper answering; After defining trademarks, the relevant trademark law was addressed. In this connection sections 5 and 10 of the trademark act 1994, which deal with the registration of trademarks, were discussed. Next, the role of registered trademarks in granting monopolistic rights to their owners has been examined. After this the rescission period of trademarks was discussed with reference to relevant case law.
Next, several instances in which the court exhibited reluctance to grant trademark rights to applicants were described. After this cases dealt by the European Court of Justice in respect of trademark rights were discussed. Subsequently, the landmark case of Arsenal v. Reed was analyzed in detail.
Thereafter, the House of Lords decision in respect of a criminal prosecution under the trademarks act was discussed. After this the applicability of the Harmonization Directive of the EU to the Member States was discussed. After this cases supporting the view that trademark infringement constitutes an overt attempt at establishing a monopoly were discussed. In this context, cases dealt by the ECJ and the UK Courts had been discussed.
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