Serial Registration of Famous Mark Identical Sign: Bad Faith and Full Invalidation

Case Overview

The owner of well-known registered trademarks sued a defendant who registered the identical core sign in classes 20 and 24 through multiple applications. A prior application by the same defendant had already been refused under Article 6/1.

Court's Reasoning

The plaintiff's trademark has been recorded as well-known since 24 October 2007. The defendant could not have chosen the identical sign coincidentally — the series of applications aimed to exploit the plaintiff's brand recognition. Applying bad faith under Article 6/9 and the indivisibility principle, all four trademarks were invalidated.

Key Takeaway

Serial bad-faith registrations targeting well-known marks can be fully invalidated. Prior refused applications serve as corroborating evidence of bad faith.

FAQ

If confusion exists in only one class, can all classes be invalidated?

Yes, under indivisibility: bad faith infects the entire application regardless of class.

Disclaimer: For informational purposes only. Contact Elçi Patent for professional trademark advice.