Morcom, Roughton & Malynicz: The Modern Law of Trade Marks

Publisher: LexisNexis Butterworths

Authors: Christopher Morcom QC, Ashley Roughton & Simon Malynicz

Price: £250.00

Edition: 3rd Edition (April 2008)

ISBN: 978-1-40572-755-6

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For many businesses, the brand and trade mark is extremely important.  Getting it right often means the brand and trade mark is instantly recognised and leads to an increase in customer loyalty.  To ensure such rights are protection, trade mark law (including common law passing off) steps into the breach.  Such an important area of law deserves a clear and comprehensive text.  Fortunately, Morcom, Roughton & Malynicz: The Modern Law of Trade Marks provides exactly this.

Written by a team of experienced intellectual property from specialist set, Hogarth Chambers, Morcom, Roughton & Malynicz: The Modern Law of Trade Marks is impressively separated into eight parts: general introduction; registered marks; passing off and miscellaneous; special topics; civil procedures; customs and criminal offences; international treaties and the Community Trade Mark.  It also has eight excellent appendices: United Kingdom statutes; secondary legislation; rules of Court; international registration; international conventions; European material; miscellaneous registry material; and useful website addresses.

The authors' experience in trade mark law is evident throughout the text.  For example, the chapter dealing with civil proceedings explains the procedure in trade mark courts.  This is important, particularly for lawyers who do not exclusively practise in this area of law.  The text's written style is also largely practical with the material being divided into short and manageable sections with a number of footnotes or cross-references to other parts of the text.  Being a largely practitioner's text, the appendices are excellent meaning most of the resources are to hand and contained in one handy volume.  Precedents would, however, have been extremely welcome.

For many practitioners, Morcom, Roughton & Malynicz: The Modern Law of Trade Marks is a one-stop and comprehensive resource on trade mark law.  It has been thoroughly updated since the last edition to include the latest developments in both domestic and international trade mark law.  Practitioners who do not exclusively practise in this area of law may, however, miss the lack of precedents.  That said, this is a superbly accessible and practical account of trade mark law meaning it is, and continues to be, an important practitioner text.

Reviewed on 11 October 2009

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