When it comes to the Crunch: CRUNCH MORTGAGES and bad faith
The IPO in Newport - where the hearing officers are to be found Crown Copyright Licensed by the IPO Jane Lambert An exception to the rule that a trade mark registration cannot be challenged for non-use in the first 5 years after registration is where the application to register the trade mark was made in "bad faith". The legislative mechanism is provided by s.47 (1) of the Trade Marks Act 1994: "The registration of a trade mark may be declared invalid on the ground that the trade mark was registered in breach of section 3 or any of the provisions referred to in that section (absolute grounds for refusal of registration)." Subsection (6) of s.3 provides: "A trade mark shall not be registered if or to the extent that the application is made in bad faith." But what does "bad faith" mean exactly? In Hotel Cipriani SRL and Others v Cipriani (Grosvenor Street) Ltd and others [2009] Bus LR D81, [2008] EWHC 3032 (Ch), [2...