Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 25 JUNE 2021

All Circumstances Are Relevant To Assess Bad Faith

JWP Patent & Trademark Attorneys sp.k.
Explore more from JWP Patent & Trademark Attorneys sp.k.

Our colleagues Helena Gajek and Małgorzata Furmańska won the case before the General Court in Luxembourg related to invalidity proceedings concerning the bad faith application.

PolandIntellectual Property
JWP Patent And Trademark Attorneys
JWP Patent And Trademark Attorneys

Our colleagues Helena Gajek and Malgorzata Furmanska won the case before the General Court in Luxembourg related to invalidity proceedings concerning the bad faith application.

The case was related to the trademark ENTEROSGEL, published in October 2006, for medical products. In 2016 the applicant applied for a declaration of invalidity, claiming that the predecessor of the trademark owner, acted in bad faith when filing a trademark application. The application for a declaration of invalidity was directed against all the goods covered by the contested mark.

Long story short the applicant claimed that the predecessor in law to the intervener, was not allowed to designate the European Union in respect of the contested mark because it was not involved in the development of the product named Enterosgel and secondly, that the predecessor was not the first to apply for the trademark Enterosgel because the Russian "equivalent" trademark application had already been filed on 18 January

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The Contractor As A Threat To Trade Secrets. What The GameDev Industry Can Learn From The Case Of Epic Games Versus A Former Colleague

Leaks in the video game industry are as old as the industry itself. Developers usually try to closely control the flow of information to have control over the publishing plan, but disloyal employees or determined hackers have repeatedly stood in the way. In recent years, there have been leaks with such large productions as Grand Theft Auto 6, Fallout 4 or The Last of Us 2. In the latter case, this forced Sony to change the marketing campaign and accelerate the launch of the game. Sony admitted that it suffered losses as a result.
PolandIntellectual Property
JWP Patent & Trademark Attorneys sp.k.
JWP Patent & Trademark Attorneys sp.k.
Article

We Are All Inventors! Here Is A Story Of A Cup, A Straw With A Weight, And Two Parents Who Changed The Parenting Industry.

Imagine a scene known to probably every parent. A child is in a car seat or a cot and tries to drink water from a cup. The cup is shut tight, the straw is in place, but in the lying position, the liquid suddenly escapes somewhere to the side, and all the toddler sucks is air. In such a situation, the parent usually either sighs and places the mug at a different angle, or, as history has shown many times, comes up with an idea how to solve this problem once and for all.
PolandIntellectual Property
JWP Patent & Trademark Attorneys sp.k.
JWP Patent & Trademark Attorneys sp.k.
Article

The Contractor As A Threat To Trade Secrets. What The GameDev Industry Can Learn From The Case Of Epic Games Versus A Former Colleague

Leaks in the video game industry are as old as the industry itself. Developers usually try to closely control the flow of information to have control over the publishing plan, but disloyal employees or determined hackers have repeatedly stood in the way. In recent years, there have been leaks with such large productions as Grand Theft Auto 6, Fallout 4 or The Last of Us 2. In the latter case, this forced Sony to change the marketing campaign and accelerate the launch of the game. Sony admitted that it suffered losses as a result.
PolandIntellectual Property
JWP Patent & Trademark Attorneys sp.k.
JWP Patent & Trademark Attorneys sp.k.
Article

We Are All Inventors! Here Is A Story Of A Cup, A Straw With A Weight, And Two Parents Who Changed The Parenting Industry.

Imagine a scene known to probably every parent. A child is in a car seat or a cot and tries to drink water from a cup. The cup is shut tight, the straw is in place, but in the lying position, the liquid suddenly escapes somewhere to the side, and all the toddler sucks is air. In such a situation, the parent usually either sighs and places the mug at a different angle, or, as history has shown many times, comes up with an idea how to solve this problem once and for all.
PolandIntellectual Property
JWP Patent & Trademark Attorneys sp.k.
JWP Patent & Trademark Attorneys sp.k.
Article

Deepfake In Advertisements For Dietary Supplements. Risks And Legal Mechanisms For Protecting Doctors

The use of new technologies, including artificial intelligence, has become common due to the acceleration of creative processes, reduction of costs and the ability to quickly create content. In addition to these benefits, however, there are serious abuses by commercial entities, especially against people who enjoy public trust, such as doctors, whose authority is sometimes used in advertisements for commercial products, including dietary supplements.
PolandMedia, Telecoms, IT, Entertainment
JWP Patent & Trademark Attorneys sp.k.
JWP Patent & Trademark Attorneys sp.k.