Ranking WTR 1000

World Trademark Review has appointed Cristina Hernández Martí as recommended individual for trademark enforcement and litigation in Spain.


Trade marks and freedom of expression in US and EU law

Cristina Hernandez-Marti Perez has recently published an article in European Intellectual Property Review in relation to trademarks and freedom of expression. This article compares the regulatory framework under US and European trade mark law in relation to the absolute prohibition grounds of registration that are contrary to the public order or morality.


The descriptive character of the Trademark EL CLASICO

On February 17, 2017, the National Professional Football League filed an application for the following International Trademark with the EUIPO for Class 41.


Decision following sanction procedure by the Spanish Data Protection Agency (AEPD)

On May 9, 2019, a complaint was filed before the AEPD (Spanish Agency of Data Protection), claiming that the respondent sent emails (with and advertising content) without blind copy, disclosing the email accounts of all of them.


The threshold of subcategories in proving genuine use. The SYRENA case.

On 6 July 2010, Mr Arkadiusz Kaminski filed an EUTM application, seeking for the registration the word sign SYRENA for the goods in Class 9, 12 and 28. On 2016, Polfarmex filed an application for revocation against all the goods covered by the referred trademark.


Misleading brands and the Cava Appellation of Origin. Newcase-law doctrine.

On 22 December 2016, DEEPSEACAVA was filed as a Spanish trademark application for sparkling wines under the denomination of origin cava. The Cava Regulatory Board filed an opposition against this application which was rejected by the OEPM. This decision was Appealed before the High Court of Justice in Madid, and entirely upheld by this Court. The Court agreed to reject the subject application on the grounds that it had not been authorized by said entity and therefore it may deceive the average…


The monopoly of the X-sign. There is no trademark infringement when well-known trademarks add it.

Munich S.L. is the owner of several national trade marks, which contain an X or a blade as a main element. This entity filed a lawsuit against J. Ballvé Sports SL based on trademark and design infringement including as well unfair competition actions.


The prohibition of the shape or appearance of the product under the scope of a Protected Designation of Origin. The average consumer and the relevance of the element. Morbier Case.

The Société Fromagère du Livradois SAS, manufactured "Morbier" cheese without mentioning the Protected Designation of Origin (PDO) until 11 July 2017. It was then replaced by the name "Montboissié du Haut Livradois".


Season’s Greetings 2020

We wish you a happy holiday and a happy, healthy and prosperous new year.


Bad faith and third parties’ knowledge of the applied trademark.

The entity Sedes Holding Anonim Sirketi Türkiye Cumhuriyeti filed a lawsuit against the entities Gratis Shops Spain S.L., Rosa Crema S.L., Blanco Limón S.L., and Ezequias (hereinafter the defendants), requesting, among other claims, the declaration of the existence of bad faith when filing a trademark application, the nullity of the trademark at stake and the recognition of acts of unfair competition based on the following facts.


Derivative works and the consent of the author of the original work LA REINA DE ESPAÑA.

On January 24, 2017, a lawsuit was filed by Mr. Carlos López García and Mr. Manuel Ángel Egea Martínez against Mr. Fernando Rodríguez Trueba, requesting the plaintiffs to be declared the authors of the original work LA NIÑA DE TUS OJOS, the existence of intellectual property rights infringement (the unlawful transformation of the pre-existing work through the production of the film) and the defendant to be ordered to pay compensation for the damages caused.


Code of conduct on the use of influencers in advertising

Recently, the Code of Conduct on the use of Influencers in advertising was published by the Spanish Association of Advertisers (AEA) and the Association for the Self-regulation of Commercial Communication (AUTOCONTROL), within the framework of the Protocol signed with the Ministry of Economic Affairs and Digital Transformation and the Ministry of Consumer Affairs (2020).