Federal Patent Court, Decision of 9 November 2023 – 25 W (pat) 43/21, GRUR-RS 2023, 50608 – KETOSTIX
With this decision, the Federal Patent Court confirmed the strict requirements for proving bad faith in trademark applications. The core question: Is knowledge of prior trademark use sufficient to consider a trademark application as being in bad faith? In the current GRUR-Prax we examine why mere knowledge of prior rights is not sufficient for this, and what companies should consider to protect their trademarks and avoid conflicts.
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