Kerly's Law of Trade Marks and Trade Names 17th ed. with 1st Supplement

James Mellor, David Llewelyn, Thomas Moody-Stuart, David Keeling, Iona Berkeley, Ashton Chantrielle (Editors)

ISBN: 9780414138872

Published: June 2026 (1st Supplement to the 17th edition)

Format: Hardback

Language: English

Publisher: Sweet & Maxwell Ltd

Description

Kerly's Law of Trade Marks and Trade Names has provided clear and authoritative advice on all aspects of UK trade mark law since 1894. Through its mix of insightful commentary and up-to-date analysis of case law and legislation, it has established itself as the leading reference on trade mark law and a must-have title for practitioners. The 17th edition, published in December 2023, has now been updated with the 1st Supplement, published in June 2026, covering major decisions from the UK Supreme Court and Court of Appeal, including Skykick (bad faith and scope of specification) and Lifestyle Equities v Amazon (targeting and internet use).

Key Features

• Comprehensive, authoritative guidance on trade mark and trade name law, used daily by IP litigators to draft pleadings and assess infringement risk before advising clients.
• Detailed treatment of Community trade marks and the Madrid system, essential for practitioners filing or defending multi-jurisdiction trade mark portfolios.
• Up-to-date coverage of post-Brexit divergence between UK and EU trade mark law, used by cross-border counsel to advise multinational clients on parallel filing strategy.

Coverage

• Classification, registration, enforcement, infringement and litigation of trade marks
• Community trade marks: provisions, extent of protection and procedural matters
• Assignment, licensing, merchandising and franchising
• Absolute and relative grounds for refusal of registration
• Trade mark infringement, defences, exhaustion and competition law
• Collective and certification marks
• Trade libel, company names, the internet and human rights
• Influence of EU law and post-Brexit divergence

About the Authors

The editorial team combines serving and former members of the judiciary with leading IP practitioners at 8 New Square. The Hon Mr Justice Mellor sits in the Patents Court and Intellectual Property Enterprise Court; David Keeling is a former judge of the EU General Court. Professor David Llewelyn, Thomas Moody-Stuart KC, Iona Berkeley and Ashton Chantrielle are practising barristers at 8 New Square specialising in trade mark, passing off and related IP litigation.

Table of Contents

1. Introduction. 2. The Functions and Characteristics of a Trade Mark in EU Trade Mark Law. 3. Average Consumer. 4. Influence of EU Law, Statutory Interpretation and Possible Divergence. 5. The UK Register of Trade Marks. 6. Classification of Goods and Services. 7. UK Registration Procedure. 8. Community Trade Marks. 9. The Madrid System. 10. Absolute Grounds for Refusal of Registration. 11. Relative Grounds for Refusal of Registration. 12. Validity and Removal of Trade Marks from the Register. 13. Geographical Indications and Appellations of Origin. 14. Collective and Certification Marks. 15. Dealings with Trade Marks. 16. Infringement. 17. Defences. 18. Exhaustion. 19. Competition Law and Trade Marks. 20. The Action for Passing Off. 21. Trade Libel and Threats. 22. Civil Proceedings for Trade Mark Infringement and Passing Off. 23. Evidence. 24. Criminal Proceedings. 25. Customs Powers and Procedures. 26. Character and Celebrity Merchandising. 27. Company and Business Names. 28. The Internet. 29. Human Rights and Trade Marks.

Why buy this book?

Kerly's has been the definitive practitioner reference on UK trade mark law since 1894, and this 1st Supplement brings the 17th edition current with the Supreme Court and Court of Appeal decisions shaping practice today. For any IP department or law library advising on brand protection, licensing or cross-border enforcement, it remains the first port of call.

Keywords

trade mark law, UK trade marks, Kerly, intellectual property law, Community trade marks, Madrid system, passing off, trade mark infringement, brand protection, IP litigation

Target Audience

Intellectual property lawyers, trade mark attorneys, IP litigators, academic law libraries, corporate legal departments

Genre

Intellectual Property Law, Trade Mark Law, International Law

Q&A

What does Kerly's Law of Trade Marks and Trade Names cover?
It covers the full scope of UK trade mark law, including registration, infringement, passing off, Community trade marks, the Madrid system and post-Brexit divergence from EU law.

Is the 1st Supplement to the 17th edition up to date?
Yes. Published in June 2026, it incorporates recent UK Supreme Court and Court of Appeal decisions including Skykick and Lifestyle Equities v Amazon.

Who is Kerly's written for?
It is written for IP litigators, trade mark attorneys, in-house counsel and academic law libraries advising on or researching trade mark and brand protection law.

Is Kerly's available as an eBook?
The publisher offers a ProView eBook edition and a book & eBook pack; this listing is for the hardback print edition.

Where can I buy Kerly's Law of Trade Marks and Trade Names?
You can order it directly from CLNZ Books, with worldwide shipping included in the price.

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