Bad Faith in Trade Mark Applications - The Current Position

Introduction

Trade mark registrations seem to be under attack like never before.

High profile cases such as the long-running Skykick dispute and Lidl v Tesco have given rise to many more instances of parties seeking to challenge the validity of trade mark registrations when those rights are asserted against them.

Because of the publicity surrounding these cases, those threatened with infringement proceedings/oppositions are also now asking their advisors for input on the impact of these cases on their legal position at the outset of a dispute.

Trade mark owners and their advisors therefore need to be aware that any right asserted against a third party may be subject to challenge.

Consequently, it is imperative to consider how the right could be defended if attacked and to develop filing strategies to improve a trade mark owner’s position in the future.

What You Will Learn

This live and interactive course will cover the following:

• An analysis of recent bad faith cases before the UK courts and UKIPO relating to the question of intention to use
• What have we learned regarding the use of bad faith grounds counterclaims in UK court or UKIPO proceedings?
• Lessons learned regarding evidence gathering
• How to maximise the chances of successfully shielding trade mark registrations from future attack

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.