Proceedings/ Oppositions/ Revocations/ Invalidation And Litigation

Question 1

What is bad faith?

Answer 1

Is an absolute ground. trade mark filings made dishonestly, or falling short of the standards of acceptable commercial behaviour

Question 2

What is goodwill?

Answer 2

Goodwill is about the trademark’s reputation in the market.

Question 3

What are absolute grounds for refusal?

Answer 3

Section 5(3) - they relate to the mark itself and are not based on conflicts with the rights of third parties.

Question 4

What is relative grounds for refusal?

Answer 4

Brought by owners of prior rights

Question 5

What is a Tm7?

Answer 5

Notice of opposition

Question 6

What is the opposition appeal process?

Answer 6

Appointed person or high court- Supreme Court- court of appeal. Appeals to the appointed person must be made within 28days of the decision being issued.

Question 7

What is the cooling off period in EU?

Answer 7

2 months extendable by 22 months on joint request

Question 8

What does litigation allow?

Answer 8

STOP - stops an infringing act
DAMAGES - obtain some sort of compensation for the infringing activity.