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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