bad faith (trademarks)

Bad faith in trademarks refers to situations where a trademark application is filed without a genuine intention to use the mark in commerce, typically to gain an unfair advantage or to block third parties. It is a key doctrine used to prevent abuse of the trademark system.

Indicators of bad faith may include filing marks identical or similar to well-known brands, applying for excessively broad specifications without commercial justification, or attempting to appropriate signs already used by others. The assessment is fact-specific and considers the applicant’s intention at the time of filing.

In the European Union, the concept has been clarified in cases such as Sky v SkyKick, where the court emphasized that lack of intention to use a mark for the claimed goods or services may support a finding of bad faith if accompanied by dishonest intent.

A finding of bad faith can result in refusal of the application or invalidation of a registered trademark. This doctrine plays an important role in maintaining fairness, preventing monopolization, and ensuring the integrity of trademark registers.