判例

03.05.2021: Application for trademarks without own intention to use are considered as application "in bad faith"

If the trademark proprietor makes extensive use of his unused trademark for the purpose of legal prosecution, it may be possible to infer from this a primary intention to generate income by means of enforced licence agreements.

This may indicate that the trademark was not applied for with the aim of using it in a fair manner as a distinctive sign for goods and services, but rather to use it for an improper purpose as an ambush trademark.

The presumed intention to obstruct is not precluded by the fact that the trademark is still in the grace period for use.

Practical tip:

Accordingly, an intensive warning or litigation practice arising from an unused trademark may indicate that the trademark registration was made "in bad faith" or in abuse of rights.

Such a situation exists, for example, if the application was not filed with the aim of using the trademark in a fair manner as a sign for goods and services, but rather obviously for the purpose of putting pressure on another company and forcing it to pay (financial) consideration. In such a case, the trademark is ready for cancellation