Bad Faith in UK Trade Mark Law: Recent Trends after Sky v SkyKick
Home / Bad Faith in UK Trade Mark Law: Recent Trends after Sky v SkyKick
The concept of bad faith in trade mark law has been the subject of significant attention in recent years, particularly following the UK Supreme Court?s decision in Sky v SkyKick [2020] UKSC 11. The ruling clarified how courts and the UKIPO should approach cases where an applicant?s intention at the time of filing is questioned.
Key Takeaways from Sky v SkyKick
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The Court confirmed that a lack of clarity and precision in specifications does not, in itself, constitute bad faith.
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However, filing without any genuine commercial intention to use a trade mark in relation to specified goods or services may amount to bad faith.
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The decision emphasized that a trade mark must not be used as a legal weapon to block competition where there is no genuine business plan.
Recent Trends in UKIPO and Court Practice
Since Sky v SkyKick, a number of UKIPO and High Court decisions have shown:
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Scrutiny of overly broad specifications ? Applicants filing ?catch-all? lists of goods and services may face challenges.
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Need for evidence of intention ? Demonstrating commercial rationale and business planning is increasingly important.
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Targeting defensive filings ? The UKIPO is more willing to question filings aimed at keeping competitors out of the market.
Practical Implications for Brand Owners
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Be precise: Draft specifications that reflect your actual or reasonably anticipated business activity.
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Maintain records: Keep business plans, product development notes, and market strategy documents that can evidence intention to use.
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Avoid defensive filings: Filing purely to block others, without any genuine use plan, risks invalidation.
Conclusion
The doctrine of bad faith is becoming a sharper tool in trade mark law. For brand owners, the message is clear: use trade marks as they are intended?to identify and protect genuine commercial activity, not as weapons to fence off competitors.
