Court of Justice 6 February 2025, C-17/24 (CeramTec GmbH v Coorstek Bioceramics LLC.)
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The legal opinion addresses the case of CeramTec GmbH against Coorstek Bioceramics LLC regarding the potential bad faith of a trademark applicant in relation to expired patent rights. The core legal questions involve the interpretation of the relationship between absolute grounds for refusal of registration under Article 7 of Regulation No. 207/2009 and the concept of bad faith under Article 52(1)(b) of the same regulation, particularly whether the intent to extend rights from an expired patent can constitute bad faith without demonstrating a direct link to the technical solution. The opinion emphasizes the need for a comprehensive assessment of bad faith, considering various contextual factors rather than solely the applicant's intent.AI
European Union · · · Cited by 1 · 06-02-2025
OPINION OF ADVOCATE GENERAL BIONDI delivered on 6 February 2025 ( 1 ) Case C‑17/24 CeramTec GmbH v Coorstek Bioceramics LLC (Request for a preliminary ruling from the Cour de cassation (Court of Cassation, France)) (Reference for a preliminary ruling – EU trade mark – Bad faith of the applicant – Absolute grounds for refusal of registration – Sign consisting exclusively of the functional form of
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