Industrial Property Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Administrative and professional organization
Title 1: Introduction
Title 2: Elements of a trademark
Chapter 1: Registration
Chapter 2: Opposition
I: Standing
1°: Mark necessary for the activity
2°: Infringement of pre-existing rights
B: Proof of fraud
III: Breach of a legal or contractual obligation
IV: Statute of limitations
Section 2: Limits to the claim
Section 3: Effects
Title 4: Rights conferred by the trademark
Title 5: Exploitation and transfer of the trademark
Title 6: Collective and guarantee marks
Title 7: Protection of the mark
Title 8: Loss of trademark rights
Title 9: Geographical indications
Part 3: Patents
Part 4: Designs
84. Bad faith
1 minute de lecture
In order to obtain the transfer of the trademark to the claimant, the claimant must establish that the applicant acted in bad faith, which constitutes fraud. This bad faith can be manifested at the time of the filing of the trademark or its renewal. It requires proof of the applicant's knowledge of the existence of interests that he has disregarded , and an intention to harm. These two conditions …
