Refusal to register a trade mark in Class 33 on the grounds that it conflicts with the Appellation of Origin ‘Toro’ (Denominación de origen TORO) and misleads the consumer

The European Union Trade Mark No. 17 966 918 was filed for Class 33, related to alcoholic beverages. The REGULATORY COUNCIL OF THE TORO DESIGNATION OF ORIGIN filed an opposition against all the goods, invoking Article 8(1)(b), Article 8(5), and Article 8(6) of the EUTMR, based on prior rights.


Community Design – Insufficient Evidence to Prove the Existence of a Prior Design with Similar Characteristics

On September 11, 2024, the Third Board of Appeal of the EUIPO dismissed an appeal regarding a request for invalidation of Community Design No. 5 809 746-0001. The design in question pertains to the construction of a portable sauna.


Hernandez Marti abogados participated at Marques annual conference

The 2024 MARQUES Annual Conference, held in Stockholm from September 24-27, gathered over 900 intellectual property practitioners to discuss the evolving challenges in the field.


Intellectual property crime – The incorporation of an artistic work by a third party in a product intended for commerce

On February 29, 2024, the Supreme Court (Criminal Chamber) issued a ruling addressing a dispute concerning a crime against intellectual property. The company ABASIC S.L., creator of the artistic prints for the brand Desigual, faced off against Ali&Alex, S.L. and its manager Daniel. They were accused of marketing handbags that reproduced ABASIC S.L.’s original artistic creations without authorization.


Plagiarism of the television format ‘Operación Triunfo’? Lawsuit dismissed for lack of capacity to bring proceedings.

The 9th Section of the Commercial Court of Barcelona, in its ruling dated July 29, 2024, addressed a case concerning the exercise of an action for intellectual property rights infringement. In this case, it was alleged that the television program "Eufòria" had plagiarized the format of "Operación Triunfo" (hereinafter, OT).


Refussal of ‘PRIME’ trademark registration due to lack of distinctiveness

The decision issued by the Fourth Board of Appeal on August 30, 2024, in case R 790/2024-4, addresses the application for the registration of European Union trademark No. 18 876 003, relating to the sports drink trademark "PRIME".


Delimitation of the protection of the rights to privacy and to one’s own image in the context of social uses. Consent excludes unlawful intrusion. Publication of pictures.

Decision of the Court: The lower court dismissed the claim, concluding that, given the circumstances of the case, the defendant could reasonably understand that he had his wife's consent to publish the photographs.


Trademark Infringement and Unfair Competition Following Termination of Distribution Agreement – MAKEBLOCK v. DISTINTIVA

On September 1, 2023, the Commercial Court No. 1 of Alicante issued a judgment in favor of MAKEBLOCK Co Ltd in the case of trademark infringement and unfair competition against DISTINTIVA S COOP and its joint administrator, Diego.


HERNANDEZ MARTI will attend MARQUES Annual Conference

Dr. Cristina Hernandez-Marti Perez, representing HERNANDEZ MARTI ABOGADOS, will be attending the 38th MARQUES Annual Conference, which is scheduled to take place in Stockholm from September 24 to 27, 2024.


General Court Upholds EUIPO Decision in Google vs. EPay Trademark Dispute

In October 2019, Google LLC sought to register the EU word mark "GPAY" for a variety of goods and services under Classes 9 and 36. EPay AD, a company based in Sofia, Bulgaria, opposed the registration, citing its earlier registered Bulgarian figurative mark "ePay," which also covers electronic payment services.


Energy Branding Battle: The GPS vs. GPG Trademark Case

Global Power Service SpA applied for the registration of the figurative trademark "GPS GLOBAL POWER SERVICE" for services in classes 35, 36, 37, 42, and 45 of the Nice Agreement. Naturgy Energy Group, S.A.


Louis Vuitton triumphs: Trademark application deemed to causa risk of confusion

On July 2, 2024, the Opposition Division issued a resolution regarding the opposition filed by Louis Vuitton Malletier against the European Union trademark application No. 18 871 237 by Cheng Wang.