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‘So precisely what will you use your trade mark for?’ Bad faith and clarity in trade mark specifications

Johnson, Phillip 2018. ‘So precisely what will you use your trade mark for?’ Bad faith and clarity in trade mark specifications. International Review of Intellectual Property and Competition Law 49 (8) , pp. 940-970. 10.1007/s40319-018-0747-6

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Abstract

The requirements for the specification setting out the list of goods and services covered by a trade mark registration are rarely considered in the literature or by the courts. The reference in C-371/18 Sky v Skykick will enable to Court of Justice to consider two critical issues connected with the precision of the specification: whether clarity of the specification is a substantive requirement and whether it is necessary to intend to use the mark on the date of filing. It is argued here that the Court of Justice should find that clarity is a substantive requirement for the registration of a trade mark and confirm that a lack of intention to use a mark is a type of bad faith which can lead to (partial) revocation of the trade mark.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Publisher: Springer
ISSN: 0018-9855
Date of First Compliant Deposit: 6 August 2018
Date of Acceptance: 31 July 2018
Last Modified: 25 Feb 2019 11:12
URI: http://orca.cf.ac.uk/id/eprint/113818

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