In recent media coverage, we increasingly see disputes between public figures, media outlets, and entrepreneurs, where the phrase “filed a trademark in bad faith” is often used in the context of trademark registration.
This phrase is becoming more common in disputes over names (media portals, restaurants, influencers, entrepreneurs) — for example in publicly discussed cases such as the “Plava Kamenica dispute”
However, “bad faith” is not just a moral judgment or insult — it is a legal concept that can lead to a registered trademark being declared invalid (i.e. “cancelled”), even if it was formally filed and registered correctly.
This text is for informational purposes only and does not constitute legal advice.
1) What does “bad faith” mean in trademark filing?
Simply put, bad faith occurs when someone files a trademark not to genuinely use it in business, but to:
- block someone already using the name
- force payment (buyout / licensing pressure)
- take over someone else’s reputation or audience
- create leverage (oppositions, content removal, ad restrictions, account/page shutdowns)
- or generally gain an unfair advantage
In practice, the key takeaway is:
A trademark is not a “name reservation tool” for blocking or leverage — it is a right that protects a sign used (or intended to be used honestly) in the market.
2) How is “bad faith” proven?
Bad faith is rarely proven with a single statement or piece of evidence. It is usually established through a combination of circumstances.
Typical “red flags” considered by courts and authorities include:
- Did the applicant know (or should have known) about the existing sign?
- Was the application aimed at blocking another business?
- Is there a genuine intention to use the mark for own products/services?
It is important to note that bad faith is assessed at the time of filing, which makes proper documentation of timing (publication dates, invoices, campaigns, domain registrations, web archives) critical.
Tips & Tricks
Tip #1 – Don’t wait until your name becomes viral.
If you are building a name (media, studio, product, innovation, project, education), consider protection early — especially before major campaigns.
Tip #2 – “Proof of first use” is extremely valuable.
Keep:
- first posts and ads
- invoices/offers
- press and media mentions
- screenshots (with timestamps)
- domains, profiles, visuals, briefs
Tip #3 – Check before branding (name, domain, trademark).
A quick availability check can prevent future rebranding or disputes. You can always contact us and choose one of our services.
Tip #4 – Don’t file “someone else’s” name just to “see if it passes”.
This is a high-risk strategy: invalidation, legal costs, reputational damage — and potential claims for unfair competition/damages (depending on circumstances).
If you suspect someone has filed your name in bad faith, it is important to act quickly. In most cases, the “winner” is the party with a stronger evidence timeline and a more convincing explanation of how the brand was built.
Final takeaway
“Bad faith” in trademark law is not just online drama — it is a legal ground for cancelling a registered trademark, especially where it is clear that the filing was used as a tool for blocking or exploiting someone else’s reputation.
