Bad faith: investigating overbroad trade mark registrations

Bad faith: investigating overbroad trade mark registrations

Journal article

1 online resource

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.

Crossref

Intellectual Property Quarterly ; I.P.Q. 2023, 4, 274-295

[New York, NY] : Thomson Reuters, 2023.

eng

https://1.next.westlaw.com/Copyright

External Online Journals > Intellectual Property Quarterly