The concept of ‘bad faith’
The EU General Court has held that, pursuant to Article 52(1)(b) of the EU Trademark Regulation (207/2009), an EU trademark must be declared invalid if the registration has been filed in bad faith. The concept of ‘bad faith’, which is not defined, delimited nor described in any way by the legislation, must be determined by taking account of all the relevant factors specific to the particular case. In this respect, it is for the subject contesting the validity of the trademark to establish that the owner of an EU trademark was acting in bad faith when the application was filed.
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