General Court on the abuse of rights in trademark invalidation proceedings

By decision rendered on 31 May 2013 within procedure T-396/11, the General Court set out the EU boundaries of the concept of ‘abuse of rights’.

The court ruled on the right to pursue the invalidity of a trademark under Article 56 (1)(a) of EC Regulation no. 207/2009 for lack of distinctive character, making it clear that any bad faith or private interest of the applicant (also animated by the mere purpose of using the sign subsequently cancelled) does not make the application vitiated by abuse of rights…

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