SHAPING BAD FAITH AS AN ABSOLUTE GROUND FOR THE INVALIDITY OF A TRADE MARK: EU, FRENCH, AND LITHUANIAN APPROACHES

Abstract

The provision of bad faith as a ground for the invalidity of a trade mark is set out by the EU trade mark regulation, and has been incorporated in the national trade mark systems by the means of approximation of laws within the EU Members States in order to encourage the development of the internal market within the EU. However, the legislative background does not provide for any guidance for either the definition of or relevant factors for the assessment of the existence of bad faith. In recent years, the provision of bad faith as a ground for the invalidity of a trade mark has been subject to important developments clarifying its conditions and effects by the highest courts of the EU. This paper therefore aims to introduce the provision of bad faith, the conditions under which its existence is assessed, and its effects on the registered trade mark by also comparing the approaches at both the EU and national levels, as they are closely linked by the harmonised legislative framework in relation to bad faith as a ground for the invalidity of a trade mark.