The Bad Faith Trademark Filing, filed with an unfair purpose by taking advantage of another person’s trademark that has not yet been registered in that country, should not be registered. The provisions of grounds for rejection vary by state. This article discussed the treatment of bad faith filing in trademark laws in Japan and the UK. In Japanese law, predictability and legal stability are essential in the civil law system, and the provisions stipulate precise requirements, so the treatment of various bad faith filings is complex. In contrast, the UK law, which belongs to the common law system, seeks definitional core.
Ryoko Iseki (Sun,) studied this question.