Towards a Uniform Approach for Bad Faith

Trade Mark Registrations in Bad Faith, Oxford University Press: 2010, ISBN 978-0-19-9555147-7, p. 299-341

43 Pages Posted: 5 Feb 2015

Date Written: October 1, 2010

Abstract

CHAPTER CONTENTS:

Taking into account both the legislative history and a comparative analysis of legal practice in 15 EU Member States, this concluding chapter explains the common denominator and middle ground between the different views on the correct interpretation of the legal ground of 'bad faith' for invalidating unauthorized trade mark filings. The landmark decision of the European Court of Justice "Lindt v Hauswirth (GOLDHASE)" is also discussed. The chapter also addresses the right and wrongs on the correct implementation of the relevant provisions in the European Trade Mark Directive in national laws. It concludes with an outline of 5 key angles in connection with the legal norm of 'bad faith' as a tool against trade mark grabbing.

BOOK INFORMATION:

With the ever-increasing importance to both manufacturers and consumers of brand advertising and brand awareness, the commercial significance of trade marks continues to grow. Trade mark abuse, and the wrongful registration of a trade mark belonging to a person or company by another party (a bad faith registration), is a well-known problem in intellectual property law.

This book provides practical guidance on protecting trade marks against trade mark grabbing in general and abusive bad faith trade mark registrations in particular. It examines the case law, literature and recent EU developments (including issues relating to the enlargement of the EU) on trade mark registrations in bad faith from both an international and national perspective, and offers a comparative analysis of the relevant rules and regulations in all EU Member States.

Comparative examination of the relevant rules and registrations in 15 EU Member States.

Practical coverage of protecting trade marks against trade mark grabbing and abusive registrations.

READERSHIP:

Practitioners specializing in trade mark law or intellectual property more generally (including trade mark and patent attorneys); academics and students interested in intellectual property; reference libraries; trade mark examiners and hearing officers.

Keywords: trademark grabbing, registration, abusive filing, bad faith, good faith, trademark, trademark, mark, brand, directive, implementation, Benelux, Goldhase, Lindt, Tsoutsanis, EU, European, CTMR, TMD, comparative law, directive, regulation, OHIM, CJEU, kwade trouw, goede trouw, bösglaubigkeit, mauvaise

JEL Classification: K00, K10, K13, K14, K19, K20, K29, K30, K33, K39, K40, K41, K42, K49, A12, D63, D74, E61, L50, L51

Suggested Citation

Tsoutsanis, Alexander, Towards a Uniform Approach for Bad Faith (October 1, 2010). Trade Mark Registrations in Bad Faith, Oxford University Press: 2010, ISBN 978-0-19-9555147-7, p. 299-341, Available at SSRN: https://ssrn.com/abstract=2559453

Alexander Tsoutsanis (Contact Author)

DLA Piper ( email )

Amstelveenseweg 638
Amsterdam, 1081 JJ
Netherlands

HOME PAGE: http://www.dlapiper.com/en/netherlands/people/t/tsoutsanis-alexander/

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