PTO Issues Exemplary Decision Clarifying Concept Of 'Bad Faith'

• The PTO has refused an application for MA MONDE FRESHEN UP & SHINE following an opposition by a foreign cosmetics company
• The fact that the applicant sought to register a sign identical to the opponent's trademark could not be a mere coincidence
• The Trademarks Department also considered the opponent's trademark registrations and usage abroad, as well as the applicant's bad faith 

The Trademarks Department has found that the application for MA MONDE FRESHEN UP & SHINE had been filed in bad faith and created a likelihood of confusion with the opponent's trademark.

Background

On 2 August 2023 a Turkish individual applied to the Patent and Trademark Office (PTO) to register the following trademark in Classes 3 and 35: