The “monopoly of immense breadth” doesn’t create a new ground for invalidity, but can be contrary to public policy where part of the specification was unjustified and contrary to the public interest. No intention to use can also be bad faith.
The AG found that this was the case with respect to the term “Computer Software” because it conferred on the proprietor a monopoly of immense breadth which cannot be justified by any commercial interest of the proprietor.
Even more interestingly the AG held that a lack of intention to use in connection with goods and services within a specification may constitute bad faith where the sole objective of the applicant is to prevent a third party from entering the market including where there is an abusive filing strategy.
If followed by the CJEU it is likely to give rise to more cancellation actions at UKIPO and EUIPO based both on over broad terms and lack of intention to use.
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