Invalidation of Trademark Registration Obtained in Bad Faith

Journal article

1 online resource (page 1001–1005)

Headnotes by the Editorial Office 1. The principles of registration and territoriality have no direct impact on the existence of bad faith. 2. A person acts in bad faith if they know or should have known that their applied-for sign is identical or similar to the distinctive sign used by a third party abroad, potentially causing confusion in the local market. 3. Any third party that later applies for the granted registration to be voided bears the burden of proving this knowledge existed. There is no requirement to prove that the applicant intended to prevent the third party from using their distinctive sign in the local market. 4. A prior relationship with the third party proves the applicant knew of the distinctive sign. The applicant’s opportunistic behaviour also indicates bad faith. 5. If the distinctive sign used abroad was renowned, it may not be necessary to prove there was a prior relationship between the applicant and the third party.

Crossref

GRUR International ; 73, 10, 2024, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2024.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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