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\def\WIPO{World Intellectual Property Organisation}
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Bad faith: investigating overbroad trade mark registrations
2023
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Details
Title
Bad faith: investigating overbroad trade mark registrations
Author
Item Type
Journal article
Description
1 online resource
Summary
The traditional function of a trade mark is to provide information to consumers about the origin of goods or services, and they are also an important component in the system of market competition. Crucially, within this market, an overbroad trade mark registration may be utilised as a strategic tool against rivals. This can lead to rivals having elevated clearance costs. It is therefore critical that a mark is registered only where an applicant has a bona fide intention to use the trade mark. This requirement is supported by the prohibition on registering trade marks in bad faith. The bad faith test has long been contentious, and the matter is currently before the Supreme Court in Sky v SkyKick. This article offers a quantitative analysis of trade mark registration trends in the UK, with a particular focus on the incidence of findings of bad faith. Overall, it is stressed there is a need for robust trade mark law mechanisms aimed at safeguarding the integrity of the trade mark system.
Source of Description
Crossref
Series
Intellectual Property Quarterly ; I.P.Q. 2023, 4, 274-295
Linked Resources
Published
[New York, NY] : Thomson Reuters, 2023.
Language
English
Copyright Information
https://1.next.westlaw.com/Copyright
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