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ARTICLE · 16 DECEMBER 2025

A Bad Beginning Makes A Bad Ending

Boult Wade Tennant LLP
Boult Wade Tennant LLP
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Boult Wade Tennant LLP

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Sánchez Romero Carvajal Jabugo SAU (SRC) owned two EU trade mark registrations in class 29 that contained the term ‘5J' (applied for in 1999 and 2010, and registered in 2006 and 2015, respectively).

United KingdomIntellectual Property
Eve Duggan
Eve Duggan
Isabel Blanco
Isabel Blanco
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Key points

  • The CJEU confirmed that a trade mark registered in bad faith may be challenged without any time limit, even if the owner of the earlier trade mark was aware of such bad faith from the application date.
  • A bad-faith challenge is valid even if the owner of the earlier mark referred to a deadline to file an invalidity action in a warning letter and then let that deadline pass without taking legal action.

Background

Sánchez Romero Carvajal Jabugo SAU (SRC) owned two EU trade mark registrations in class 29 that contained the term '5J' (applied for in 1999 and 2010, and registered in 2006 and 2015, respectively).

On the other side, Embutidos Monells SA (EM) owned two Spanish trade mark registrations including 5Ms and 5Ps (applied for in 2011 and 2012, respectively, and registered in 2012), also in respect of class 29.

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