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Tuesday Webinars: The multifaceted notion of bad faith



The concept of bad faith is not defined, delimited or even described in any way in the EU trade mark legislation. Guidance as to its meaning and scope has been derived from the Court of Justice, the General Court and the Boards of Appeal’s case law.

While it is true that in many cases the existence or not of bad faith conduct may depend on the individual facts, the EU case law over the course of years has developed a number of key factors which become relevant when examining allegations of a bad faith conduct.

The European Courts’ recent case-law, in 2019 2020, further clarified the concept of bad faith, examining closely each one of the objective factors, firstly set by Lindt, necessary to establish such absolute ground for invalidity by means of a balancing exercise between the interests of the trade mark owner and the free competition in the market.

About our webinars:
Based on your needs, the EUIPO Academy organises webinars every Tuesday* at 10am.
The EUIPO Academy selects the most relevant experts from the EUIPO and partner institutions or law firms to offer you the best learning experience. Open to all and free, each webinar provides:
• a live experience during which you can interact with our experts;
• learning materials to help comprehension, memorisation and dissemination;
• the chance to express your views and give feedback;
• access to the recording in our learning portal after the event (with certificate).

Stay tuned, and remember to check our Learning Portal calendar regularly (also available on the home page).

*(except for August and the Christmas holidays.)