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:
Thursday May 13th, 2021
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.
Tuesday May 4th, 2021
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).
Friday April 30th, 2021
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…
Tuesday April 27th, 2021
Happy World Intellectual Property Day!
Happy World Intellectual Property Day!
Monday April 26th, 2021
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.
Tuesday April 20th, 2021
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.
Monday April 19th, 2021
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.
Tuesday April 13th, 2021
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.
Thursday March 25th, 2021
Ranking WTR 1000
World Trademark Review has appointed Cristina Hernández Martí as recommended individual for trademark enforcement and litigation in Spain.
Friday March 5th, 2021
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.
Wednesday March 3rd, 2021
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.
Monday March 1st, 2021