Impact of disclosure of prior industrial designs and lack of individual character
On 12 January 2007, Mr. Guasch Pubill applied for the following registration of a Community design at the European Union Intellectual Property Office (EUIPO):
Tuesday December 7th, 2021
The General Court of the European Union refuses to allow club AC Milan to register its trademark for stationery goods
On 2 February 2017, the applicant, Associazione Calcio Milan SpA (AC Milan), submitted an application for international registration designating the European Union to the European Union Intellectual Property Office (EUIPO). Registration as a mark was sought for the following figurative sign:
Friday December 3rd, 2021
INTA ANNUAL CONFERENCE 2021
HERNANDEZ MARTI ABOGADOS attended last week the annual INTA online congress and mini-conference that took place in person in Berlin.
Thursday November 25th, 2021
Limitation of the effect of a trademark: descriptive use of the trade mark. Zara v. Boungiorno
Boungiorno Myalert S.A. (hereinafter Boungiorno) is a company which in 2010 provided information services via the internet and mobile telephone network. At that time it launched a campaign for subscription to the SMS multimedia content delivery service which it marketed under the name "Club Blinko", in which it "offered, on certain web pages accessed via banners with the ZARA sign inserted in other web pages, on Facebook and Hotmail, participation in a prize draw in which the prize was a ZARA…
Thursday November 18th, 2021
Weak trademarks and likelihood of confusion. Red Car Oil Gasolineras Lowcost” and “Red Ahorro 24 h” case.
RED CAR OIL S.L. is a company engaged in the retail trade of automotive fuels and fuels and owner of service stations and car wash centres. On 28 January 2019, the said company filed an application for registration of the mixed trade mark "RED CAR OIL GASOLINERAS LOWCOST", with number 4.002. 215, to designate retail services for the retail sale of foodstuffs; retail services for the retail sale of tobacco; retail services for the sale of automotive fuels in specialised establishments,…
Thursday November 11th, 2021
“Bachirulo” case. A change of product does not necessarily bring unique character to a design.
ARTURO is the holder of registered industrial designs Nos. 514810-01 and 514810-02, consisting of applying the print of the “cachirulo aragonés” (handkerchief), in its two versions red-black / purple-black, to a tubular garment or neck brace.
Friday November 5th, 2021
Common law action for passing off. Risk of misrepresentation and risk of dilution of the earlier trade mark. Abresham Super Basmati Selaa Grade One World’s Best Rice v. Basmati
On 14 June 2017, Mr Hamid Ahmad Chakari, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO).
Thursday October 28th, 2021
Calculation of the prescription period for industrial property claims against continuous infringement acts. – NADORCOTT mandarin tree case
Following an application lodged by Nadorcott Protection SARL on 22 August 1995 with the Community Plant Variety Office (‘the CPVO’), the CPVO granted it a Community plant variety right in respect of the NADORCOTT variety of mandarin tree. An appeal with suspensive effect was brought against that decision before the Board of Appeal of the CPVO but was dismissed.
Thursday October 21st, 2021
A word sign must be refused registration if at least one of its potential meanings designates a characteristic of the goods or services concerned. “Made of Wood” case
On 6 May 2019, the applicant, Mr Beelow, applied to the European Union Intellectual Property Office (EUIPO) for registration of a European Union trade mark. The trade mark applied for is the word sign 'made of Wood'.
Monday October 18th, 2021
The reputation enjoyed by the ‘Estrella Galicia’ trademark in the beer sector cannot be extended to oils and fats for food use. Estrella Galicia v. Estrella Andaluza
The entity "Hijos de Rivera, S.A." lodged an administrative appeal against the decision of 23 October 2019 of the Spanish Patent and Trademark Office which dismissed the appeal lodged against the decision of 10 June of the same year which granted registration of trademark No. 3,741,648 "Estrella andaluza" (word graphic) applied for by the entity "Hottos 2018, S.L." to protect goods in class 29 of the international nomenclature, definitively granting the registration.
Thursday October 14th, 2021
The General Court finds that there is a likelihood of confusion. FRESHLY COSMETICS IDENTY v. IDENTITY
On 6 June 2018, the appellant, Freshly Cosmetics, S. L., filed an application for registration of an EU trade mark at the European Union Intellectual Property Office (EUIPO). The trade mark in respect of which registration was sought is the following figurative sign:
Monday October 4th, 2021
The overall impression produced by the contested design is different from those produced by the earlier marks. TOUS vs. The Bear-shaped lamp ZHEJIANG CHINA
Zhejiang China-Best Import & Export Co. Ltd, is the proprietor of Community design No 4422343 0012, which was applied for and registered on 26 October 2017, as part of a multiple application, for 'luminaires' falling within class 26.05 of the Locarno Agreement and is represented in the following image:
Friday October 1st, 2021