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Copyright is for losers … and so are trade marks: Banksy’s EUTM declared invalid due to bad faith

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  Can a sign representing an artwork be registered as a trade mark? Can trade mark registration be used to monopolize artworks? If so, can any such intention and behaviour be repressed? The answer to all these questions is in the affirmative, as  Pest Control  – a handling service acting on behalf of elusive artist  Banksy  – learned yesterday, when the Cancellation Division of the European Union Intellectual Property Office (EUIPO)  ordered  that its EU trade mark (EUTM) registration representing one of Banksy’s best known artworks, the  Flower Thrower , be declared invalid on the ground of bad faith. Background In 2014, Pest Control obtained the  registration  of the figurative mark represented below as an EUTM in relation to goods and services in classes 2, 9, 16, 18, 19, 24, 25, 27, 28, 41, and 42. In 2019, Full Colour applied to obtain a declaration of invalidity for all relevant goods/services on grounds of bad faith under Article ...