Toy maker Hasbro has been rebuked by the EU General Court, after it was found to have applied to register an EU trademark (EUTM) for MONOPOLY in bad faith. The company has owned the MONOPOLY brand since acquiring Parker Bros in 1991. It filed the EUTM application, for various goods and services in classes 9, 16, 28 and 41, in April 2010 and the mark was registered in 2011. Hasbro owned three earlier EU word marks for MONOPOLY, which were registered in 1998, 2009 and 2010 and are still live. On April 21, the EU General Court rejected Hasbro’s appeal and upheld the lower decision, finding that Hasbro had “intentionally sought to circumvent the proof of use rule to derive an advantage.” The motivation for the refiling will be scrutinised for evidence of bad faith. In this case, a member of Hasbro’s staff testified before the Board of Appeal that “being able to rely upon one registration without the need to prove use” was a benefit of refiling, and that led to the finding of bad faith.
Source- IP Watchdog