TM5 Collaborated Together on a Workshop Related to Bad Faith Trademark Applications

On May 22, 2017, the TM5, consisting of the JPO, the USPTO, the EUIPO, the SAIC (China Trademark Office) and the KIPO (Korean IP Office), presented case studies of summarized suits, judgements, or decisions regarding “Bad Faith Trademark Applications”, during the annual meeting for the International Trademark Association (INTA) in Barcelona.
This was the first time that the TM5 offices collaborated on a workshop for INTA’s annual meeting.

　　Bad Faith Trademark Applications are applications that are filed for unfair purposes and can be categorized into three types:
1. A third-party files for or registered the trademark of a famous brand name or geographical name without prior approval, and then demands money to license or assign the mark.
2. Free-riding on well-known trademarks
3. Agents or business partners filing for or registered trademarks without prior approval in order to obtain money or better trading conditions.

The purpose of this workshop was to prevent the influx of counterfeit products by publicizing the leading cases in each country which were found to be applications filed in bad faith as well as to support companies export strategies.

　　Ms. Yoko Miyamoto from SAKAMOTO & PARTNERS attended INTA’s annual meeting as well as the TM5 workshop in order to deepen our firm’s understanding of the current trademark landscape in various countries while also building friendships with attorneys from all over the world.

　　The TM5 has several projects underway geared towards international harmonization. The aims of these projects are to make trademark practices more convenient for users such as companies and attorneys in each country. The TM5 also hopes to further the cooperation between and development of the TM5 offices in the future.