CJEU determines that mistaken beliefs about trade mark functionality can be relevant for assessing bad faith in CeramTec

Yesterday, the CJEU delivered its judgment in CeramTec GmbH v Coorstek Bioceramics LLC (Case C‑17/24). The decision explores the relationship between the grounds of refusal to register a trade mark on the basis of functionality and bad faith. The CJEU held that the applicant's belief that a sign performs a technical function - even if that is later proved wrong - may form part of the