Bad Faith in Recent Case Law of the EU Court of Justice: Some Answers, More Questions

摘要

Can there be bad faith even in the absence of likelihood of confusion? Can filing a trade mark without intention to use it be bad faith? Does bad faith necessarily invalidate the trade mark in its entirety? The recent case law of the EU's Court of Justice (and General Court) has brought useful answers and, for good measure, provided a comprehensive definition of the notion itself. Regrettably, yet inevitably, questions remain.