Bad faith registrations

In a case before the General Court, Simca Europe had obtained registration of the work mark SIMCA as a Community trademark for goods in Class 12.

Peugeot Citroen brought a cancellation action on the basis of article 51(1)(b) of the Community Trade Mark Regulation. Article 51(1)(b) provides that a Community trademark shall be declared invalid where the applicant was acting in bad faith when he filed the application for the trademark.

In essence, Peugeot alleged that the application for registration had been made in bad faith with the sole objective of preventing Peugeot from marketing vehicles under the SIMCA name…

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