The Significance of Bad-Faith Premises for the Strategy of Trade Mark Protection in the Light of the Latest EU Case-Law
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2023
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Online Access: | https://link.springer.com/article/10.1007/s40319-023-01374-z https://dlib.phenikaa-uni.edu.vn/handle/PNK/9097 |
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oai:localhost:PNK-90972023-09-19T08:40:43Z The Significance of Bad-Faith Premises for the Strategy of Trade Mark Protection in the Light of the Latest EU Case-Law Sitko, Joanna recent CJEU case-law EU case-law CC-BY EU case-law has long considered trade mark applications made in bad faith to be dishonest practice that involves a sign used by a third party. This approach stems from the crucial factors of bad faith stipulated by the CJEU in the Lindt case C-529/07. However, recent CJEU case-law clearly suggests that a trade mark application can also be alleged to be in bad faith when it has nothing to do with a third-party sign but instead involves a dishonest strategy for protecting the applicant’s own trade marks. The aim of this paper is to provide a comprehensive catalogue of premises for finding bad faith in the context of a trade mark application, and to analyse their importance from the perspective of business strategy for protecting trade marks. It follows from the relevant case-law that proving an applicant’s bad faith where the latter is alleged not in relation to the use of a third-party sign may be rather problematic, as it is difficult to demonstrate objective circumstances to corroborate an applicant’s subjective intentions, particularly when such intentions concern solely their own trade mark protection strategy. 2023-09-19T08:40:43Z 2023-09-19T08:40:43Z 2023 Book https://link.springer.com/article/10.1007/s40319-023-01374-z https://dlib.phenikaa-uni.edu.vn/handle/PNK/9097 en application/pdf Springer |
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recent CJEU case-law EU case-law |
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recent CJEU case-law EU case-law Sitko, Joanna The Significance of Bad-Faith Premises for the Strategy of Trade Mark Protection in the Light of the Latest EU Case-Law |
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CC-BY |
format |
Book |
author |
Sitko, Joanna |
author_facet |
Sitko, Joanna |
author_sort |
Sitko, Joanna |
title |
The Significance of Bad-Faith Premises for the Strategy of Trade Mark Protection in the Light of the Latest EU Case-Law |
title_short |
The Significance of Bad-Faith Premises for the Strategy of Trade Mark Protection in the Light of the Latest EU Case-Law |
title_full |
The Significance of Bad-Faith Premises for the Strategy of Trade Mark Protection in the Light of the Latest EU Case-Law |
title_fullStr |
The Significance of Bad-Faith Premises for the Strategy of Trade Mark Protection in the Light of the Latest EU Case-Law |
title_full_unstemmed |
The Significance of Bad-Faith Premises for the Strategy of Trade Mark Protection in the Light of the Latest EU Case-Law |
title_sort |
significance of bad-faith premises for the strategy of trade mark protection in the light of the latest eu case-law |
publisher |
Springer |
publishDate |
2023 |
url |
https://link.springer.com/article/10.1007/s40319-023-01374-z https://dlib.phenikaa-uni.edu.vn/handle/PNK/9097 |
_version_ |
1779307154894749696 |
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8.891145 |