Select Country

Select a country to view information on local trademark law


Countries
A-E  F-J  K-O  P-T  U-Z

Multinational Agreements
EUIPO  WIPO
AIPO/OAPI  ARIPO
Enter Client Voucher:  info

Get Listed

Promote your expertise to IP professionals worldwide.
read more

Subscribe to Free Newsletter

To keep updated on the latest amendments to international trademark laws click here

Articles

Print this page
Apr 06, 2009
Isabel Davies, CMS Cameron McKenna LLP, Uk
Lucy Kilshaw, CMS Cameron McKenna LLP, Uk

First ECJ case on bad faith in trade mark law


Isabel Davies, CMS Cameron McKenna LLP, Uk, Lucy Kilshaw, CMS Cameron McKenna LLP, Uk The Advocate General has given an Opinion in the first case before the ECJ to consider bad faith in a trade mark context. The Advocate General’s view is that bad faith cannot be narrowly defined and that all relevant circumstances need to be assessed, with a mix of subjective and objective factors to be considered. She accepts that bad faith can in some circumstances include an intention to prevent others from using similar signs on similar products. This Opinion is of significance as bad faith is a powerful weapon which can be used to invalidate a trade mark and strike it from the Register. read more