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.
Want to read more?
Register to access two of our subscriber only articles per month
Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts
What our customers are saying
World Trademark Review is simply the first resource I will go to for trademark-related information, whether about the latest trademark law development or case news, top trademark practitioners or interesting trademark events.
Jerry F Xia
Deputy general counsel and chief IP counsel – Asia-Pacific, corporate law department
Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.
Register for more free content
- Read more World Trademark Review blogs and articles
- Receive the editor's weekly review by email