The shape variation of a common product isn’t a distinctive element for a trade mark- Three-dimensional trademark consisting of a ring

The European Union trade mark nº 18948203 consists of a three-dimensional mark, represented by a white background upon which six silver rings with an irregular shape are displayed.


The importance of the social context in order to establish the suitability of a EU trademark regarding the public policy and the accepted principles of morality

On May 5 2020, Turner Broadcasting System Europe Limited sought to register theword mark “MARICON PERDIDO” (Lost queer) as a European Union trade mark(MUE018234526) for the goods and services in class 9 and 41 regarding audio visual recordings and Entertainment services.


From December 1st to 4th, we actively participated in the XXIV ASIPI Conference held in the vibrant city of Panama.

From December 1st to 4th, we actively participated in the XXIV ASIPI Conference held in the vibrant city of Panama.


Risk of Confusion in Marks with Enhanced Distinctiveness – SHOPEE vs. SHOPIFY

This case addresses the recent decision of the EUIPO Second Board of Appeal in the opposition filed by the brand SHOPIFY against the Trade Mark Shopee.


Analysis of the Distinctiveness of the Collective Mark “Morcilla de Burgos”: From Descriptive to Distinctive

On October 7, 2013, the Association of Producers of Morcilla de Burgos applied to register the collective mark "MORCILLA DE BURGOS," characterized by the colors black, gray, and red, to distinguish blood sausages (“Morcilla”) from the geographic region of Burgos, in the Spanish country.


The reversed order of the same words as a differentiating factor: the case Betsport v.s Sportbet

The European Union trade mark No 18736246 named Sportbet was applied for in class 41 regarding gambling services. In response, Circus Belgium S.A., owners of the trade mark Betsport, filed an opposition to the registration under Article 8(1)(b) of the EUTMR. However, the opposition was rejected in its entirety as no relevant similarity was found between the two signs despite the fact that the services offered were identical.


Invalidity Proceedings: Unfair Exploitation of Distinctiveness

El 10 de diciembre de 2020, la coadyuvante Monster Energy Co. (en adelante, "Monster") presentó ante la EUIPO una solicitud de nulidad contra la marca "Insomnia Energy", destinada a la clase 32, que incluía bebidas energéticas.


Protection of Computer Programs in the EU: Limitations on Modifying Variable Data

The Court of Justice of the EU recently issued a ruling regarding the scope of legal protection for computer programs under Directive 2009/24/EC, which lays the foundation for copyright in software within the EU. This question was raised by the Bundesgerichtshof (Federal Supreme Court of Civil and Criminal Matters, Germany).


AIJA Seminar in Málaga: New Technologies: Is IP/TMT and Antitrust Law Future Proof?

From October 24 to 26, 2024, AIJA held a seminar in Málaga, organized by the Intellectual Property, Technology, Media, and Telecommunications (IPTMT) and Antitrust Commissions. The conference, under the theme "New technologies: Is IP/TMT and Antitrust law future proof?", attracted lawyers and experts from around the world to discuss the future of these areas of law amid rapid technological advances.


Pattern mark. Lack of distinctiveness

In the resolution dated September 13, 2024, the EUIPO rejected the European Union Trademark No. 18 969 849, based on Article 7(1)(b) EUTMR, on the grounds that it lacked distinctiveness.


It is not necessary for the public to believe they are acquiring an original product for it to be an ip infringement. Spanish Supreme Court

On June 27, 2024, the Supreme Court, Second Chamber (Criminal), issued a conviction against the appellant, a co-owner of a retail establishment, for offering counterfeit products of various prestigious brands, such as Tommy Hilfiger, Ralph Lauren, Levi's, Calvin Klein, Adidas, Carolina Herrera, Fila, Fred Perry, Lacoste, Nike, Armani, and Guess, without the authorization of the respective trademark’s owners.


Academic Plagiarism: Copyright Infringement in a Doctoral Thesis

On September 6, 2024, the Commercial Court of Madrid, Section 07, issued a ruling in a case of intellectual property rights infringement. The plaintiff alleged, under Article 1 and subsequent articles of the Intellectual Property Law (hereinafter, IPL), that her work "MARIANA OF AUSTRIA IN THE POLITICAL CROSSROADS OF THE 17TH CENTURY" had been plagiarized by the defendant in his doctoral thesis "THE GOVERNANCE OF THE HISPANIC MONARCHY DURING THE REGENCY OF MARIANA OF AUSTRIA (1665-1675)."