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Company A has been using an unregistered trademark for 15+ years in the EU.

Newly established company B registers the trademark in EU, and sends a cease and desist to company A.

My understanding is that company A can can request EUIPO to invalidate or cancel the trademark registered by company B, if A can prove:

  1. The trademark registered by B is identical or very similar to the trademark used by A.
  2. B was aware of A's use of the trademark, before it filed for registration.
  3. B intentionally registered the trademark to prevent A from using it i.e. bad faith (Article 59(1)(b) EUTMR)

While §1 is easy-ish to prove, what are the common ways to establish: 2. prior knowledge 3. intentionality

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  • Should the third point read "...to prevent A from using it..."?
    – phoog
    Jul 14, 2021 at 13:36

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