Bad Faith in Trade Mark Applications - Lessons Learned from Sky v Skykick
Claims that trade marks should be invalidated for bad faith are likely to become increasingly common in trade mark disputes following the recent EU Court of Justice and UK High Court judgments in Sky v Skykick.
The Court of Justice ruled that trade marks could be partially or wholly invalidated for bad faith where the applicant had no intention to use the trade mark for some or all of the goods and services covered. When the case returned to the High Court, the UK court partially invalidated Sky's trade mark registration on grounds of bad faith.
Anyone seeking to apply for, enforce or challenge trade mark rights in the future will need to consider the implications of SkyKick. This webinar will explain the issues that trade mark applicants and litigants will need to consider going forward.
The webinar is aimed at trade mark professionals who either file and prosecute trade mark applications or take part in trade mark disputes before the trade mark registries or the courts.
What You Will Learn
This webinar will cover the following:
- The requirement for clarity and precision in trade mark specifications and what this means in practice
- The circumstances in which a trade mark will be invalidated on grounds of bad faith on the basis that there was no intention to use
- Other factors that could be relied upon to support allegations of bad faith - including repeat filings which have been considered by the Board of Appeal in MONOPOLY
- How bad faith counterclaims and invalidity actions may be relied upon in future trade mark disputes
This webinar was recorded on 1st September 2020