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EUIPO and member offices: Common Communication on trade mark applications made in bad faith

The European Union Intellectual Property Office (EUIPO) and the offices of EU member states have prepared a Common Communication with the aim of providing a common understanding of the notion of bad faith and of terminology related to its assessment. The Common Communication delivers principles on how to assess bad faith in trade mark applications, irrespective of the type of proceedings in which it is assessed.

Although the assessment of bad faith will always be carried out on a case-by-case basis, the aim of the Common Communication is for the authorities in various countries and the EUIPO to come to a similar and predictable outcome. The purpose is to increase transparency, legal certainty, and predictability for the benefit of experts and users.

The Finnish Patent and Registration Office (PRH) participated in the preparation of the communication and has approved it. The Common Practice applies in Finland as of 22 March 2024.

Read the entire communication on the EUIPO websiteOpen link in a new tab.

For further information, please contact
Sara Henriksson
Senior Legal Officer
Tel. +358 29 509 5523

Printable version Latest update 22.03.2024