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DeutschPatents. Claims. The scope of protection is limited by the claims that include the term "product for".
SJM Barcelona (Section 4 Patents) of 14 April 2021 The issues debated in the lawsuit are the plaintiff's allegation of patent infringement and the nullity of the patent invoked by the defendant. In summary: The applicant Aravén is the holder of Spanish Patent ES 2621356 (hereinafter ES 356), entitled "Shopping trolley", validation in Spain of European Patent EP 2974940, granted by the European Patent Office. The aforementioned patent claims priority of patent ES 201330361 of 14 March 2013. The…
Well-known trade mark. Legitimate descriptive use of the sign ZARA in the promotion of services by a third party by means of gift cards for the purchase of goods in ZARA shops.
STS of 26 October 2021 The facts giving rise to the judgment are, in summary, the following: Boungiorno Myalert offered services and downloads of entertainment content through its WAP services and SMS services for mobile telephones and launched a campaign for subscription to the service for the forwarding of multimedia content via SMS which it marketed under the name "Club Blinko", in which "it offered, on certain web pages accessed through banners with the ZARA sign inserted on other web…
Design - Lack of individual character. JIEYANG DEFA INDUSTRY loses the battle against BARBIE.
BACKGROUND TO THE DISPUTE On 7 May 2014, JIEYANG DEFA INDUSTRY CO. LTD, filed an application for registration of a Community design with the European Union Intellectual Property Office (EUIPO). The Community design is represented in the following views: On 4 August 2017, MATTEL, INC. filed an application for a declaration of invalidity of the contested design. The intervener submitted that the contested design lacked novelty and individual character in relation to the earlier designs Defa Doll…
The XXI ASIPI Annual Congress took place in Punta Cana from 28 November to 1 December 2021
Cristina Hernandez-Martí Pérez participated as a speaker in the panel "New trends in the protection of names, images and likenesses (Name, Image and Likeness) together with Fernanda Magalhaes and Sebastian Lovera. Matias Noetinger was the moderator of this session.
The word mark Zara can not be registered for food products
BACKGROUND TO THE DISPUTE In March 2010, INDITEX filed an application for registration of an EU trademark with the European Union Intellectual Property Office (EUIPO). Registration as a mark was sought for the word sign ZARA, under which he intends to move on to other articles related to the food market. But a few months later, in September, an Italian company (FFAUF ITALIA SPA) filed a notice of opposition. They claim that they already have the LE DELIZIE ZARA trademark on the market, under…
Genuine use of the trade mark. Coffee-based drink, or energy drink? MONSTER ENERGY CO
BACKGROUND TO THE DISPUTE On 3 November 2010, MONSTER ENERGY CO., filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO). Registration as a mark was sought for the word sign “MONSTER”. The goods in respect of which registration was sought are in Classes 30 and 32 of the Nice Agreement: Class 30: ‘Coffee based beverages and coffee based beverages containing milk´ Class 32: ‘Non-alcoholic beverages, namely energy drinks and energy…
Impact of disclosure of prior industrial designs and lack of individual character
BACKGROUND TO THE DISPUTE On 12 January 2007, Mr. Guasch Pubill applied for the following registration of a Community design at the European Union Intellectual Property Office (EUIPO): The goods in respect of which registration was sought are in, inter alia, within Class 6.13 of the Locarno Agreement, corresponding to the following description: 'Cleaning cloths, table linen'. On 15 February 2016, the intervener, Nap-Kings, S. L., filed an application for a declaration of invalidity of the…
The General Court of the European Union refuses to allow club AC Milan to register its trademark for stationery goods
BACKGROUND TO THE DISPUTE 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: The goods in respect of which registration was sought are in, inter alia, Class 16 of the Nice Agreement and correspond to the following description: ‘Paper; cardboard; book…
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. During the sessions, topics such as the importance of design and copyright and the issue of goods in transit were discussed. It was a perfect occasion to meet clients and colleagues again - see you in Washington.
Limitation of the effect of a trademark: descriptive use of the trade mark. Zara v. Boungiorno
BACKGROUND TO THE DISPUTE 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…