'Maitczak v. Feng Shen Technology and OHIM'

摘要

1. In accordance with the judgment in the Chocoladenfabriken Lindt & Sprungli case, bad faith on the part of an applicant for registration of a Community trade mark, within the meaning of Article 51(1)(b) of Regulation No 40/94, must be assessed globally, taking into account all factors relevant to the circumstances of the case. The factors which should be taken into account include the fact that the applicant knows or must know that a third party is using, in at least one Member State, an identical or similar sign for an identical or similar product.