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.

This legal update is part of World Trademark Review's premium intelligence and is only available to subscribers.

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

Already registered? Log in

What our customers are saying

I look forward to reading the World Trademark Review e-mail updates every day. WTR provides a concise summary of noteworthy disputes and legislative issues around the world, as well as helpful country-specific overviews on trademark laws and practices.

Ruby A. Zefo
Director, Trademarks & Brands Legal
Intel Corporation

Benefits

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.

Why subscribe?

Share this article