What is bad faith? AG Kokott provides some indications

Last Thursday Advocate General (AG) Kokott handed down her Opinion in case C-104/18 P Koton Mağazacilik Tekstil Sanayi ve Ticaret AŞ v Euipo (C-104/18 P). The main issue in this case relates to the notion of  bad faith and how can it be established.So far, bad faith seems to be The IPKat’s topic on the month (see here).In her Opinion the AG underlined that the Court of Justice (CJEU) has made some fundamental findings in regard of bad faith and also hat the General Court (GC) has been able to deeply examine the problem. However, a definitive clarification is yet to be provided. BackgroundMr Nadal Esteban filed an application with the EUIPO for the registration of a trade mark in classes 25, 35 and 39. Koton Mağazacilik Tekstil Sanayi ve Ticaret AŞ (Koton) filed a notice of opposition on the basis of its own earlier figurative marks registered for classes 25 and 35. The opposition was successful for these two classes, while the trade mark was…

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