#62025TJ0284EU General Court Reviews Bad-Faith Claim Over BLACK Trade Mark
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This judgment concerns a dispute over whether the EU figurative trade mark BLACK was filed in bad faith for alcoholic beverages, including spirits, vodka, liqueurs, cocktails and related drinks. The case matters for brand owners in the drinks sector because it shows that bad-faith claims before EUIPO need clear evidence about the applicant’s intent when the mark was filed. Businesses challenging a competitor’s EU trade mark cannot rely on suspicion alone; they need facts showing abusive or unfair filing conduct.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Reviews a challenge to EUIPO’s refusal to invalidate the BLACK EU trade mark for alleged bad faith
- Focuses on alcoholic beverage goods covered by the mark, including spirits, vodka, liqueurs and cocktails
- Highlights the evidentiary burden for companies claiming that a trade mark application was filed in bad faith
Obligations
What this law requires
In invalidity proceedings for an EU trade mark, bad faith must be assessed at the time the trade mark application was filed under Article 59(1)(b) of Regulation (EU) 2017/1001.
A party seeking invalidity of an EU trade mark on bad-faith grounds must rely on evidence showing abusive or unfair filing conduct, rather than suspicion alone.