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Trademark validity needs honest intent, EU legal opinion says in CeramTec case

By Inbar Preiss ( February 6, 2025, 15:10 GMT | Insight) -- Bad faith can justify trademark invalidation, according to a legal opinion prepared for the EU Court of Justice relating to a dispute between CeramTec and Coorstek Bioceramics. Advocate General Andrea Biondi recommends that judges find that factors related to functionality may be considered in assessing bad faith even if functionality is not fully established, provided there is evidence of dishonest intent when filing the application.Companies can't use trademarks to extend expired patent rights, according to a non-binding opinion prepared for the EU Court of Justice over questions referred to it in a trademark dispute between CeramTec and Coorstek Bioceramics....

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