Bad Faith in Trademark Law: Recent Developments Around the World

Intellectual property partner Kelly Young moderated a panel at the ABA-IPL Section Annual Meeting that addressed recent developments in the concept of “bad faith” in trademark law within their respective jurisdictions. 

The panelists explored how bad faith has been applied as a ground for opposing trademark applications, invalidating trademark registrations, and serving as a defense in trademark disputes. Notably, China and Canada amended their trademark legislation in 2019 to include provisions addressing bad faith, leading to new case law interpreting these provisions.

The panel also explored how Canadian courts have drawn on EU and UK legal principles in shaping their own bad faith framework.