Abstract

The Court of Justice of the European Union (CJEU) confirms that the concept of ‘bad faith’, within the meaning of Article 4(4)(g) of Directive 2008/95, must be interpreted uniformly throughout the European Union: consequently, for establishing bad faith, mere knowledge of a foreign mark is not sufficient, nor do the Member States have the liberty to uphold a deviating system for protecting foreign trade mark use.

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