“Valentía” as a wine indicator of the Valencian denomination of origin. Denomination of Origin Valencia.

On 10 February 2018, Unión Vinícola del Este SL applied for registration of the trade mark "Es Valentía" (word mark) for wines of the Utiel - Requena designation of origin and cavas in Class 33. Opposition to this application was filed by the Regulatory Council of Wines of Valencia Designation of Origin on 28 June 2018 on the grounds of likelihood of confusion and conflict with a prior geographical indication.


The perception of the term TORTA as an indicator of a PDO. Torta del Casar vs. Torta de la Serena

On 12 December 2011, the Regulatory Council of the Protected Designation of Origin 'Queso de La Serena' filed the following EUTM application...


The intention of the applicant and the relation with bad faith

On 5 July 2019, Murcia Commercial Court No. 2 issued a judgment in the lawsuit brought by the company Aznar Zamora against Exigrup J. Guerrero for infringement of its exclusive rights due to the defendant Exigrup J Guerrero SL's use of the sign "EXIGRUP". The defendant opposed as well as requested the dismissal of the claim, the nullity of the plaintiff's trademark on the grounds of bad faith when it was registered as it coincides with the term that corresponds to the defendant's company name…


The sign´s orientation when assessing the similarity of the trademarks. Chanel vs. Huawei.

On 28 September 2017, Huawei filed an application for registration of a EUTM for some of the goods in Class 9. Registration as a mark was sought for the following sign:


Advertising without actually selling can be considered as use of the trade mark. IKONIK HOTEL case

The applicant High Tech Hotels brought an action against Agincourt seeking a declaration of revocation of the trade mark IKONIK HOTELS, registered for classes 35 and 43, alleging lack of genuine use of the trade mark by the proprietor and having a legitimate interest given that the defendant had opposed its application for the European trade mark ICON HOTELS.


Fashion Law Experts Association

Cristina Hernandez-Marti Perez, lawyer and partner of this professional law firm, has been admitted as a member of the Fashion Law Experts Association (AEDM).


The modular design of parts and the protection granted by the community design. Lego case.

On 2 February 2010, the applicant, Lego A/S, filed an application for a registered Community design at EUIPO, which was published in the Community Designs Bulletin N. 32/2010 of 11 February 2010, as follows:On 8 December 2016, the German toy company Delta Sport Handelskontor GmbH filed an application for a declaration of invalidity claiming that all the appearance features of the product concerned by the contested design were dictated solely by the technical function of the product and were…


Happy World Intellectual Property Day! 

Happy World Intellectual Property Day!


The consideration of bad faith in imposing the costs of the proceedings. Industrial designs invalidity proceedings. Desigual case.

In January 2015 it was found that in the defendant ´s premises, the company SARA BAG SL, was selling bags reproducing prints from DESIGUAL products which are protected under intellectual and industrial property rights. Subsequently, a criminal complaint was filed and the infringing goods were seized following Preliminary Proceedings in the Instruction Court 4 of Fuenlabrada.


Are the heirs of Antonio Gaudi entitled to claim as prior rights the name, surname and image of the latter? The Trademark Act 17/2001 applied by the EUIPO Board of Appeal

On 24 March 2016, Gaudí BCN Projects S.L. fileD the following EUTM:In order to distinguish services in class 35 and class 42.Filing, the Junta Constructora del Temple Expiatori de la Sagrada Familia, an application for invalidity, on 26 November 2018 based on the following earlier rights: Spanish Trade Mark ANTONI GAUDI; Spanish Trademark  European Union trade mark MUSEU GAUDI, Right to the name ANTONI GAUDI and Right to the image ANTONI GAUDI.


Principle of specialty and scope of protection of trademarks with reputation. The Puma Case

On 1 June 2017 CAMäleon Produktionsautomatisierung GmbH filed an application for the registration of an EU trade mark for the word sign PUMA-System in Classes 7, 9, 16 and 42.


The use of a generic term in a domain name. Trademark infringement or acts of unfair competition. TAXI PALAMOS

On 7 November 2019, the plaintiff filed a lawsuit based on a trademark infringement action as well as unfair competition acts. Hereinafter, and as a response to the lawsuit, the defendant opposed in its entirety to all the claims and in addition, filed a counterclaim requesting the nullity of the trademark based on bat faith.