High Court Rules on Bad Faith Date in Tesla Mark Opposition

A UK High Court decision has clarified the relevant date for assessing bad faith in opposition proceedings involving UK trade mark applications derived from earlier EU filings under the Withdrawal Agreement. Parabolica Ltd applied in September 2021 to register TESLA for goods in classes 12, 25 and 28. Tesla Holding AS opposed the application, citing bad faith under section 3(6) of the Trade Marks Act 1994 along with relative grounds. The UKIPO initially refused the application, treating the 2021 UK filing date as determinative and finding bad faith. On appeal, the High Court held that the proper date for assessment is the 2007 EU filing date of the corresponding mark. This reversed the bad faith finding on the facts and remitted the matter for reconsideration by the UKIPO. The ruling affects how comparable UK rights from the Brexit transition are evaluated in contentious proceedings.

Small businesses should review filing histories and priority claims carefully when opposing or defending marks with EU origins.