Cardiff University | Prifysgol Caerdydd ORCA
Online Research @ Cardiff 
WelshClear Cookie - decide language by browser settings

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

Johnson, Phillip ORCID: https://orcid.org/0000-0001-7316-0732 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

[thumbnail of Johnson2018_Article_SoPreciselyWhatWillYouUseYourT.pdf]
Preview
PDF - Published Version
Available under License Creative Commons Attribution.

Download (637kB) | Preview

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: Cardiff Law & Politics
Law
Subjects: K Law > K Law (General)
Additional Information: This article is distributed under the terms of the Creative Commons Attribution 4.0 International License.
Publisher: Springer
ISSN: 0018-9855
Date of First Compliant Deposit: 6 August 2018
Date of Acceptance: 31 July 2018
Last Modified: 04 May 2023 15:24
URI: https://orca.cardiff.ac.uk/id/eprint/113818

Citation Data

Cited 1 time in Scopus. View in Scopus. Powered By Scopus® Data

Actions (repository staff only)

Edit Item Edit Item

Downloads

Downloads per month over past year

View more statistics