The new Common Practice of EU CP13: trade mark applications made in bad faith

22.03.2024 | 13:55

Given that bad faith in trade mark applications is a topic of great relevance, the EUIPO, together with the Member State Intellectual Property Offices and the User Associations, have developed the CP13 Common Practice in order to assist applicants and their representatives, examiners and the Board of Appeals in analysing the possible existence of bad faith in a trade mark application. The new Common Practice was published and came into force in Estonia on 22.03.2024.

The CP13 Common Practice has been drafted to be of applicability regardless of the type of proceedings in which bad faith is assessed. CP13 serves as guidance and aims to ensure that the relevant authorities come to a similar and predictable outcome when assessing bad faith.

The document starts by defining some key notions which are important to assess bad faith, and which have been developed with the aim of ensuring a harmonised and consistent application of the principles of the Common Practice and to provide common guidance on how these notions should be understood. The document also delivers a non-exhaustive list of common factors that may be relevant when assessing bad faith and gives some information about the extent of a refusal or cancellation due to bad faith.

The full texts of the Common Practice in all relevant EU languages, together with the list of implementing IP Offices and dates of implementation, can be found in the EUIPN website, also under the link from the website of the Estonian Patent Office.