Bad Faith & Burden of Proof

Abstract

This presentation explains the burden of proof for right holders to invalidate unauthorized trademark filings on the grounds of 'bad faith'. The new legislative proposals in China are discussed and compared with existing remedies in European law. Cases of trademark grabbing involving 'well-known' marks and 'bad agents' are also discussed.

This presentation was given in Beijing on 28 June 2011 at the 2nd Seminar on New Issues in Trademark Filings, Sponsored by the State Administration for Industry and Commerce of P.R. China, Japanese Patent Office, OHIM and USPTO.

Keywords: China, trademark grabbing, registration, abusive filing, bad faith, good faith, trademark, trademark, mark, brand, directive, implementation, Goldhase, Lindt, Tsoutsanis, EU, European, CTMR, TMD, OHIM, CJEU

JEL Classification: K00, K10, K13, K14, K19, K20, K29, K30, K33, K39, K40, K41, K42, K49