Abstract
In Simca Europe Ltd v OHIM, the General Court upheld an Office for Harmonisation in the Internal Market (OHIM) Board of Appeal decision declaring a Community trade mark (CTM) for the word SIMCA invalid, finding that the former proprietor of the word mark SIMCA, registered for vehicles, acted in bad faith when applying to register it. The court found that the Board had been entitled to take into account factors not previously listed in case law as criteria for the interpretation of the concept of ‘bad faith’, such as historical use of the mark and commercial logic for filing the CTM application.
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