Bad faith is probably one of the most wide-ranging concepts in trade mark law. According to the CJEU in Sky and Others, it applies to any situation – ‘where it is apparent […] that the proprietor of a trade mark has filed the application for registration of that mark not with the aim of engaging fairly in competition but with the intention of undermining, in a manner inconsistent with honest practices, the interests of third parties, or with the intention of obtaining, without even targeting a specific third party, an exclusive right for purposes other than those falling within the functions of a trade mark, in particular the essential function of indicating origin […]’ … (more)
[Marcel Pemsel, The IPKat, 30 January 2023]
Leave a Reply