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Unlike many neighboring countries, the Trademark Law of Bosnia and Herzegovina explicitly addresses bad faith trademark applications as both relative grounds for refusal and as a basis for contesting a trademark through court proceedings. In other words, trademark applications filed contrary to the principles of good faith and fair dealing can be challenged either through an opposition before the Institute for Intellectual Property or by filing a lawsuit before the competent court. While this dual system theoretically provides two distinct avenues of recourse, practical experience shows that both mechanisms tend to merge into a single, judicially driven process. Below, we analyze the key lessons drawn from recent case law concerning bad faith trademark filings.

Filip & Company and Deloitte Legal-affiliated Reff & Asociatii have successfully represented BT Leasing Transilvania IFN before the Bucharest Court of Appeal in a first-instance decision that annulled a Competition Council Decision imposing fines on 16 companies and the Financial Services Association following an investigation into the financial leasing market.

Rymarz Zdort Maruta has successfully represented DESA Unicum before the Internet Domain Arbitration Court at the Polish Chamber of Information Technology and Telecommunications in a case brought by Desa Dziela Sztuki i Antyki concerning the infringement of rights as a result of an agreement for the maintenance of the desa.pl domain name.

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