The European Court of Justice Decided about the Preconditions Constituting Bad Faith in a Community Trademark Application

In a recent decision, the European Court of Justices has in a case concerning the application of a three-dimensional European trademark for a chocolate bunny summarized the preconditions of "bad faith". It has to be taken into account: (1) The fact that the applicant knows or must know that a third party is using, in at least one member state, an identical or similar sign for an identical or similar product capable of being confused with the sign for which registration is thought