CJEU: No time limit for invalidity based on bad faith

Art. 9 of the Second Trade Mark Directive (Directive 2008/95 (‘TMD’); now Art. 9 of Directive 2015/2436) and Art. 61 EUTMR require the owner of an earlier trade mark to take action against the registration or use of a later mark within a period of five years after obtaining knowledge of the registration and use of that later mark. Otherwise, both trade marks coexist and neither owner may take