Recently, the question on when a trade mark has been applied for in bad faith has gained more attention by the various instances of the EU trade mark system. One of these cases, is the Koton judgment by the Court of Justice. In this lecture, we will elaborate on how the criteria of bad faith has been interpreted in selected cases. When examining these decisions, we will touch on some fundamentals of the EU trade mark systems with a particular focus on the EUIPO.

Irenah Klink is an associate in the Taylor Wessing IP/IT practice group. Irenah advises and litigates on patent law as well as on trade marks, design and copyright. She also advises regularly on pharmaceutical regulatory matters. Irenah has previously worked at the European Union Intellectual Property Office (EUIPO) Boards of Appeal where she drafted trade mark decisions (examination, opposition, and cancellation decisions) on appeal for members of the Boards of Appeal. In addition, Irenah has gained work experience at international law firms. Irenah holds an LL.M. in Intellectual Property Law (Queen Mary University of London), an LL.M. in European Competition Law (Universiteit van Amsterdam) and an European Law School LL.B. (Maastricht University).