SkyKick UK Ltd and Another v Sky Ltd and Others
•February 15, 2026
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Why It Matters
The ruling will clarify bad‑faith and intention‑to‑use standards for UK trademarks, directly impacting how companies protect and enforce their brands in a post‑Brexit legal landscape.
Key Takeaways
- •Court examines bad‑faith trademark registration under EU and UK law
- •Parties argue over jurisdiction post‑Brexit and applicable trademark statutes
- •Specific goods—telecom and email services—are exempt from revocation
- •Bad‑faith defined by intent to undermine competition, not mere non‑use
- •Decision will shape future “intention‑to‑use” requirements for UK marks
Summary
The hearing centered on SkyKick UK Ltd’s challenge to Sky Ltd’s trademark registration, focusing on whether the mark was obtained in bad faith under both European Union and United Kingdom law. Judges scrutinized the applicable legal framework, especially in light of Brexit‑induced jurisdictional shifts, to determine the court’s authority over the dispute.
Counsel debated the definition of bad‑faith, citing CJU paragraphs 73‑75 and the Cotton case, and emphasized the need to assess the applicant’s intent to use the mark versus merely filing to block competition. The parties agreed that EU law’s autonomous bad‑faith concept applies, but contested its interaction with the UK’s requirement for a bona‑fide intention to use, particularly for the eight selected goods and services.
Key examples included the exemption of telecommunications and electronic‑mail services from revocation, as outlined in paragraph 246, and the argument that revoking the entire mark would be disproportionate. References to the Kinder decision underscored the compatibility of national declaration requirements with community law, reinforcing the nuanced approach to intent and use.
The outcome will set a precedent for how UK courts evaluate bad‑faith registrations and intention‑to‑use standards post‑Brexit, potentially reshaping trademark enforcement strategies for businesses operating across the UK and EU markets.
Original Description
SkyKick UK Ltd and another (Appellants) v Sky Ltd and others (Respondents)
UKSC/2021/0181
Hearing date: 28 June 2023
Session: Afternoon session [Session 2 of 4]
Judgment date: 13 November 2024
Neutral citation: [2024] UKSC 36
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