2015-07-12, 16:25
The relevent parts that help define bad faith are:
Benelux Convention on Intellectual Property
Paris Convention for the Protection of Industrial Property
Benelux Convention on Intellectual Property
Quote:Article 2.4 Restrictions
No right in a trademark shall be acquired by the following:
e. the registration of a trademark which might give rise to confusion with a well-known trademark,
within the meaning of Article 6bis of the Paris Convention, belonging to a nonconsenting third party;
Paris Convention for the Protection of Industrial Property
Quote:Article 6bis
Marks: Well-Known Marks
(1) The countries of the Union undertake, ex officio if their legislation so permits, or at the request of an interested party, to refuse or to cancel the registration, and to prohibit the use, of a trademark which constitutes a reproduction, an imitation, or a translation, liable to create confusion, of a mark considered by the competent authority of the country of registration or use to be well known in that country as being already the mark of a person entitled to the benefits of this Convention and used for identical or similar goods. These provisions shall also apply when the essential part of the mark constitutes a reproduction of any such well-known mark or an imitation liable to create confusion therewith.