Scholarlink

<p><OrderedList><ListItem><ItemNumber>(a)</ItemNumber><ItemContent><p>For a finding that a trade mark application has been made in bad faith, the applicant must have had the intention to cause detriment or obstruct the interests of third parties; a connection to a specific third party is not required.</p></ItemContent></ListItem><ListItem><ItemNumber>(b)</ItemNumber><ItemContent><p>A party who challenges the registration of a trade mark in invalidity proceedings on the grounds that it was applied for in bad faith bears the burden of proof or the burden of establishing the existence of the conclusive and consistent evidence that is a prerequisite for the assumption of the absolute ground for refusal asserted. If the circumstances relied on by the party applying for a declaration of invalidity are capable of refuting the presumption of good faith on the part of the trade mark proprietor at the time of filing the application, it is for the trade mark proprietor to demonstrate its intentions at the time of filing the application, and in particular to provide plausible explanations of the objectives and economic rationale of filing that application.</p></ItemContent></ListItem><ListItem><ItemNumber>(c)</ItemNumber><ItemContent><p>The existence of a relative ground for refusal is not sufficient on its own to establish bad faith in applying for the trade mark. However, factors which could contribute to the determination of a relative ground for refusal may be relevant to the determination of bad faith on the part of the applicant. The application for a sign that is highly similar or identical to a well-known trade mark may, in the context of an overall assessment of all the circumstances of the case, indicate that the trade mark application was made in bad faith if there are additional circumstances that suggest this.</p></ItemContent></ListItem></OrderedList></p>

错误：搜索内容不能为空，请输入英文关键词
错误：关键词超出字数限制，请精简
高级检索

“Testarossa”

  • 期刊论文

  • 发表日期：

    2026年2月23日

查看全文

摘要

(a)

For a finding that a trade mark application has been made in bad faith, the applicant must have had the intention to cause detriment or obstruct the interests of third parties; a connection to a specific third party is not required.

(b)

A party who challenges the registration of a trade mark in invalidity proceedings on the grounds that it was applied for in bad faith bears the burden of proof or the burden of establishing the existence of the conclusive and consistent evidence that is a prerequisite for the assumption of the absolute ground for refusal asserted. If the circumstances relied on by the party applying for a declaration of invalidity are capable of refuting the presumption of good faith on the part of the trade mark proprietor at the time of filing the application, it is for the trade mark proprietor to demonstrate its intentions at the time of filing the application, and in particular to provide plausible explanations of the objectives and economic rationale of filing that application.

(c)

The existence of a relative ground for refusal is not sufficient on its own to establish bad faith in applying for the trade mark. However, factors which could contribute to the determination of a relative ground for refusal may be relevant to the determination of bad faith on the part of the applicant. The application for a sign that is highly similar or identical to a well-known trade mark may, in the context of an overall assessment of all the circumstances of the case, indicate that the trade mark application was made in bad faith if there are additional circumstances that suggest this.