LexisNexis Case Analysis: Parabolica Ltd v Tesla Holding AS (The Comptroller General of Patents, Designs and Trade Marks, intervening) [2026] EWHC 386 (Ch)
Trade Mark Attorney Alice Martins and Legal Director Helene Whelbourn discuss High Court decision which provides guidance on the date for assessing bad faith claims against UK comparable trade marks derived from pending EU applications under Article 59(1) of the Withdrawal Agreement between the UK and the EU.
The High Court allowed Parabolica Ltd’s appeal and concluded that the UK comparable trade mark application should be treated as having the same filing date as the original EU application for the purposes of assessing bad faith. The hearing officer had therefore erred in assessing bad faith by reference to the 2021 UK filing date.
This piece was originally written for, and published by LexisNexis on 5 March 2026 and is available to read by clicking here.
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