33rd EUIPO User Group meeting
The 33rd EUIPO User Group meeting took place on 17 October 2022 in Alicante. Cristina Hernandez-Marti Perez participated on behalf of ASIPI (Inter-American Association of Intellectual Property). The purpose of the meeting is to exchange views on common subjects of interest.
Friday October 21st, 2022
”READY4YOU” – Slogan devoid of distinctive character
On 11 March (Case T-432/21) and 13 March 2020 (Case T-367/21) the applicant, Sushi&Food Factor sp. z o.o. sp.k, applied to the European Union Intellectual Property Office (EUIPO) for registration of the following figurative signs for the goods and services in Classes 29, 30 and 43.
Wednesday October 5th, 2022
The shape of Dior’s Saddle bag lacks distinctive character for handbags and wallets according to EUIPO’S board of appeal.
On 24 March 2021, CHRISTINA DIOR COUTURE filed for registration of the three-dimensional trade mark at the European Union Intellectual Property Office (EUIPO).
Monday October 3rd, 2022
Invalidity of a trade mark on the grounds of bad faith. The plaintiff’s standing is based on the use of the sign.
The plaintiff, Beheermaatschappij Schuitemaker, B.V., is bringing an action for invalidity, based on art. 51.1.b) Trademark Law 17/2001, of Spanish trademark no. 2884969 "SR SCHUITEMAKER", mixed, for goods in class 7 (agricultural machinery), applied for on 16 July 2009 by the defendant.
Tuesday September 13th, 2022
MARQUES Annual Conference
The annual conference organised by MARQUES in Madrid will take place from 20 to 23 September 2022.
Monday September 12th, 2022
AIJA Annual Conference in Singapore
The annual AIJA (Association Internationale des Jeunes Avocats) Congress took place from 22-27 August 2022 in Singapore. The conference focused on "THE FUTURE OF THE LEGAL PROFESSION: COMING TOGETHER AND EMBRACE CHANGE".
Friday September 9th, 2022
Organic Law 7/2022, amending Organic Law 6/1985, of 1 July 1985, on the Judiciary (LOPJ) – new developments in the field of industrial property
Organic Law 7/2022, amending Organic Law 6/1985, of 1 July 1985, on the Judiciary (LOPJ), on the subject of Commercial Courts, contains important new developments in the organisation of the jurisdiction, in particular attributing jurisdiction in certain matters between civil and commercial courts, Provincial Courts and specialised sections of the same. Our attention is focused on industrial property matters.
Wednesday August 31st, 2022
Geographical indications of craft and industrial products
The Commission has made a proposal for a Regulation creating a framework for the protection of intellectual property for craft and industrial products based on the originality and authenticity of the traditional practices of their regions.
Thursday July 21st, 2022
Confidentiality agreement. Unfair competition action for breach of confidentiality duties. Damages.
The facts in question are, in summary, the communication of confidential business information, in breach of the confidentiality agreement. The agreement did not state which documents contained the confidential information.
Saturday July 16th, 2022
Essential characteristics of three-dimensional marks. STGUE of 30 March 2022. Case T-264/21.
Établissement Amra, is a commercial company which is the proprietor of EU three-dimensional trade mark No 10627917, registered for the goods in Class 28
Monday June 20th, 2022
Non Disclosure Agreements
Confidentiality agreements, Non Disclosure Agreements, commonly known as NDAs, are of great importance in business-to-business relations, as can be seen in the following examples. Service providers (IT, maintenance of facilities and machinery, among others) often have access to confidential information of the company receiving such services (production processes, organisation and facilities, etc.).
Monday June 13th, 2022
The confidentiality duty in the employment contract
Although no one can validly allege ignorance of the law, it is very convenient to include a clause in the employment contract that imposes the specific duty of confidentiality, what this duty implies for the worker, as well as the possible consequences of its infringement, so that in the future it will not be possible to invoke an error in the interpretation and scope of the duty of loyalty established in art. 5 of the Workers' Statute.
Friday June 10th, 2022