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26 Jan 2016, 5:43 am
The 2nd Board of Appeal held that the CTM had to be cancelled for bad faith (Article 52(1)(b) CTMR) because the proprietor had knowledge of the older mark and had only filed its mark after trying to "reach a deal" with the proprietor of the older (partially non used) figurative marks and checking whether those marks were still in use. [read post]