Reputed Trade Marks and Their Protection

Editors

Klaudia Błach-Morysińska, Graciela Claudia Pérez de Inzaurraga (Editors)

ISBN: 9789403553108

Published: August 2026

Format: Hardcover

Language: English

Publisher: Kluwer Law International

Availability: Dispatched by the supplier in 11 to 13 days.

Description

Reputed Trade Marks and Their Protection provides a comparative analysis of the legal protection of trade marks whose reputation gives them a value extending beyond their traditional function as indicators of origin. In today’s global and digital economy, reputed marks play a significant economic and communicative role. Their protection may go beyond the principles of specialty and likelihood of confusion and extend to dilution, tarnishment and unfair advantage. This broader protection also raises difficult questions about the limits of trade mark rights and their relationship with competition, market access and freedom of expression.

Key Features

• Draws on international instruments, AIPPI Study Questions and resolutions, and developments in national and regional law
• Examines the diverse concepts of well-known, reputed, famous and highly renowned marks
• Explores the criteria for establishing reputation, the relevant public, evidentiary requirements and the burden of proof
• Covers the scope of protection and forms of infringement, and limitations, defences and the loss and possible restoration of reputation

Coverage

Combines doctrinal analysis with detailed country-specific studies of 28 jurisdictions and regions: Argentina, Australia, Benelux, Brazil, Canada, Chile, China, Colombia, Denmark, the European Union, Finland, France, Germany, India, Italy, Japan, Mexico, New Zealand, Poland, Portugal, Romania, Singapore, South Korea, Spain, Sweden, Switzerland, Türkiye and the United States, preceded by a chapter on the international framework. Practical applications include assessing dilution and tarnishment claims, planning evidence of reputation and comparing protection across jurisdictions.

About the Authors

Edited by Klaudia Błach-Morysińska and Graciela Claudia Pérez de Inzaurraga, with a foreword by Lorenza Ferrari Hofer, President of AIPPI, and national chapters by practitioners from each jurisdiction, including Jorge Otamendi (Argentina), Seema Mehta and Robert Sacoff (United States) and Prof. Pilar Montero García-Noblejas and Jordi Güell Serra (Spain).

Table of Contents

Foreword; Introduction; International Framework; Chapter 1. Argentina; 2. Australia; 3. Benelux; 4. Brazil; 5. Canada; 6. Chile; 7. China; 8. Colombia; 9. Denmark; 10. European Union; 11. Finland; 12. France; 13. Germany; 14. India; 15. Italy; 16. Japan; 17. Mexico; 18. New Zealand; 19. Poland; 20. Portugal; 21. Romania; 22. Singapore; 23. South Korea; 24. Spain; 25. Sweden; 26. Switzerland; 27. Türkiye; 28. United States of America.

Why buy this book?

Bringing together comparative, national and international perspectives, it is an authoritative resource on the legal treatment of reputed marks across jurisdictions, and gives IP practitioners and brand owners a single integrated account of one of the most dynamic and contested areas of trade mark law.

Keywords

reputed trade marks, well-known marks, famous marks, dilution, tarnishment, unfair advantage, AIPPI, trade mark infringement, comparative trade mark law, intellectual property

Target Audience

Lawyers, Legal Academics, Academics, Legal Professionals

Genre

Intellectual Property Law, Comparative Law

Q&A

How are reputed trade marks protected beyond likelihood of confusion?
Their protection may extend to dilution, tarnishment and unfair advantage, going beyond the principles of specialty and likelihood of confusion.

What is the difference between well-known, reputed and famous marks?
The volume examines the diverse concepts of well-known, reputed, famous and highly renowned marks across international instruments and national laws.

How is reputation established in court?
The book explores the criteria for establishing reputation, the relevant public, the evidentiary requirements and the burden of proof.

Which jurisdictions does the book cover?
Twenty-eight jurisdictions and regions, including the European Union, the United States, China, India, Japan, Brazil, Argentina, Singapore and New Zealand, along with a chapter on the international framework.

Does it address limits on trade mark rights?
Yes. It discusses the relationship between reputed-mark protection and competition, market access and freedom of expression, and the limitations, defences and loss or restoration of reputation.

Where can I buy Reputed Trade Marks and Their Protection?
You can order it from CLNZ Books at clnzbooks.com. Pay by card or PayPal, or request a quote for institutional invoicing.

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