Judgment_paragraph 147 · Copernicus-Trademarks Ltd v European Union Intellectual Property Office (T-82/14)

147First, the applicant claims that Copernicus did not attempt to prevent the intervener from making use of a trade mark which it had already used previously. In that regard, it should be noted that, admittedly, the existence of such an intention constitutes one of the elements which can indicate the existence of bad faith within the meaning of Article 52(1)(b) of Regulation No 207/2009. However, contrary to what is claimed by the applicant, the absence of such an intention does not preclude a finding that the applicant acted in bad faith (see, to that effect, judgment of 14 February 2012 in BIGAB, T‑33/11, EU:T:2012:77, paragraph 20). Therefore, that argument must be rejected.