'Too bad(?)' Recent case-law on trade mark applications in bad faith

23-08-2021 Print this page
B916225

BMM Bulletin 2021-3, p. 84-93, Meyke Rietveld and Kaat Scheerlinck: ''In 2019 and 2020, the EU Court of Justice published two important judgments which shed a new light on the concept of 'bad faith' as an absolute ground for invalidity. With the Koton (2019) and Sky (2020) judgments, the Court further complemented and refined the jurisprudence which had been first introduced with the Lindt case in 2009 and further developed in the decade to follow. In this contribution, we will first outline the legal background, provide a short recap of the Koton and Sky cases, and review the impact on recent case-law regarding bad faith. To conclude, we will also touch upon the impact on trade mark practice and provide some further guidance.''