Trade Mark Applications in Bad Faith: Righting Wrong in Denmark and Why the Benelux Is Next

Berichten Industriële Eigendom 2013 July/August p. 254-260

7 Pages Posted: 5 Oct 2013 Last revised: 15 Feb 2014

Multiple version iconThere are 2 versions of this paper

Date Written: October 1, 2013

Abstract

Article on the most recent developments in European Trade Mark Law for preventing cross-border trade mark grabbing. The article outlines the current state of play in Europe on when right owners are able to invalidate bad faith trade mark applications on the grounds of earlier use. It discusses the recent decision of the Court of Justice of the European Union (CJEU) of 27 June 2013 in the case Malaysia Dairy v Yakult. The author holds that the CJEU was correct in finding that the implementing legislation in Denmark violates the European Trade Mark Directive. Apart from Denmark, the author also discusses the impact on the Benelux and the relevant angles how to ensure that European Directives are properly transposed in national legislation. The article concludes with the most recent legislative changes in this field, which is likely to have a big impact on the ability for brand owners in 2014/2015 to take action against bad faith trade mark applications.

Note: this article was first published both in Berichten Industriële Eigendom 2013 July/August p. 254-260 in honour of fellow editors mr J.L.R.A. Huydecoper and mr. P.J.M. Steinhauser. Following separate peer-review, an updated and revised version was published later in Journal of Intellectual Property Law & Practice 2014 Vol 9, Issue 2, p. 118-124.

Keywords: Malaysia Dairy, Yakult, bad faith, good faith, trade mark law, mark, brand, directive, implementation, Benelux, Goldhase, Lindt, Prechal, Tsoutsanis, Denmark

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, Trade Mark Applications in Bad Faith: Righting Wrong in Denmark and Why the Benelux Is Next (October 1, 2013). Berichten Industriële Eigendom 2013 July/August p. 254-260, Available at SSRN: https://ssrn.com/abstract=2333984

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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