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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
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Markku Tuominen
Niamh Hall
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Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
FRIDAY, 1 NOVEMBER 2013
Often alleged, rarely proved: it's got to be bad faith

The UK Intellectual Property Office has just published online a set of requests for information made by unspecified members of the public under the Freedom of Information Act 2000, to which answers were received in the month of May, 2012.  One such request for information concerned challenges to trade mark applications on the basis of bad faith:

Subject: Information about applications refused under s. 3(6) "bad faith" provision of the Trade Marks Act 1994. 

 Date of response: 14 May 2012

 Summary of request: 

 How many trade mark applications have the UK IPO refused on the basis of the s.3(6) "bad faith‟ provision of the Trade Marks Act 1994 in the past three years?

 Response: 

 Ten applications have been refused under s. 3(6) at examination stage in the last 3 years:

* 2009 - 2

* 2010 - 3

* 2011 - 5

In respect of oppositions or revocations we do not hold such information in an accessible document. Whilst it may be possible to establish a figure for the latter, the effort required to do so would exceed the “appropriate limit”. I should explain that Section 12 of the FOI [= Freedom of Information] Act makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit, which for central government is set a £600.

 This blogger notes that the figure for refusals  in the UK based on bad faith is derisory -- just 10 over a three year period -- in comparison with the number of occasions on which it is raises as a ground. He wonders whether this effect is experienced in other countries within the European Union.  Does anyone know?

Posted by: Blog Administrator @ 10.03
Tags: United Kingdom, bad faith, official statistics,
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