Trademark and bad faith

Be aware:  The following practice is not authorised (at least for EU trademarks) 

Re-filing identical marks a few years after the first filing with a wider list of goods and services to avoid having to prove the use of the brand at the end of the five-year grace period.

(Decision of one of the EUIPO's Boards of Appeal (Case number: R1849/2017-2): partial invalidation for bad faith).

Which requirements for a finding of bad faith? 

On 12 September 2019, the Court of Justice of the European Union (“CJEU”) has decided in its case C 104/18t that when seeking a declaration of invalidity on the grounds of bad faith, there is no need for the applicant to have similar/identical goods and services.

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