In their lawsuit, Aquavit accused U-Biomed of filing their European trademark of ‘Aquagold’in bad faith. Their request was directed against all the goods covered by the EUTM under Class 10 Medical Device of the Nice classification. The EUIPO, in its ruling, held that U-Biomed knew of the existence of the trademark 'Aquagold fine touch', proving that at the time of filing, they were aware that it was causing harm to the invalidity applicant Aquavit and that this harm was a consequence of its "reproachable conduct from a moral or commercial view". U-Biomed's European trademark of Aquagold was declared invalid in its entirety for all the contested goods. U-BioMed has been ordered to bear the cancellation fee and the costs incurred by Aquavit in the course of these proceedings.