Bad faith does not invalidate earlier mark in opposition proceedings

European Union

Aldi has appealed an EU Intellectual Property Office decision to refuse its application for an EU trademark containing the word 'skylite' on the grounds of likelihood of confusion with Sky’s trademark SKY. The European Court of Justice upheld the ruling, holding that the marks were of visual and aural similarity. The decision is a reminder that there is limited scope to challenge a prior right as part of opposition proceedings.

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