IP analysis: On 23 February 2026, the High Court allowed Parabolica Ltd's appeal and clarified the correct date for assessing bad faith under section 3(6) of the Trade Marks Act 1994 (TMA 1994) where a UK trade mark application derives from a pending EU application under Article 59(1) of the Withdrawal Agreement between the UK and the EU. The central issue in this case was whether the bad faith ground should be assessed by reference to the EU filing date, the EU priority date or the subsequent UK filing date. The court held that the EU filing date is the relevant date for assessing bad faith, thereby resolving the uncertainty surrounding this issue and establishing that the Hearing Officer had erred in relying on the UK filing date. Written by Alice Martins, registered trade mark attorney, and Helene Whelbourn, legal director, at Lee & Thompson LLP.