The Court of Appeal has overturned the High Court's decision in this case, limiting the opportunity for a finding of invalidity on the grounds of bad faith for broad specification filings.  

The decision is likely to be welcomed by many brand owners as it brings some clarity and reassurance on whether trade marks filed with broad trade mark specifications covering wide categories of goods run the risk of being invalidated on grounds of bad faith.  That said, the situation remains unimproved for brand owners hoping to launch in crowded sectors of the market, such as "financial services" or "computer software", where prior marks registered for these very broad terms will not necessarily be subject to invalidity until the expiry of the five-year grace period.

If you want to read our full overview of the decision you can have a read here: Sky / SkyKick - Court of Appeal Decision