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DeutschThe inclusion of a Protected Designation of Origin as part of a trademark - Lar de Duero Case
Background of the case On 7 November 2017, the Spanish Patent and Trademark Office rejected the application for registration of trademark no. 3658229, with the distinctive sign "LAR DE DUERO" for "wines, all wines covered by the Ribera de Duero designation of origin". The Regulatory Council of the Designation of Origin Ribera del Duero lodged an appeal against this decision on 21 May 2018. This appeal was also rejected and, finally, an appeal for judicial review was lodged, with the Chamber…
There is a likelihood of confusion between the requested trade mark INCOCO and the registered trade mark COCO.
BACKGROUND OF THE CASE On 23 January 2014 Innovative Cosmetic Concepts LLC applied to the European Union for registration of the international trade mark 'INCOCO' (word mark), for Classes 3, 35 and 44. On 23 October of the same year Chanel filed a notice of opposition alleging likelihood of confusion with two earlier French marks under the word mark 'COCO', for the same Classes. On 27 November 2018, the Opposition Division upheld the opposition and the applicant filed an appeal against that…
Can colours be regarded as descriptive of the taste? “Sienna Selection” case
BACKGROUND OF THE CASE On 14 September 2018, the applicant Philip Morris Products filed an application for registration of an EU trade mark for the word sign “SIENNA SELECTION” for goods contained in Class 34. On 19 June 2019 the examiner refused the registration on grounds of Arts. 7.1 (b) and (c) of the Regulation on the European Union Trade Mark, for being non-distinctive and descriptive of the goods applied for. On 30 July 2019 the applicant lodged an appeal which was dismissed by the Fifth…
The Polo Ralph Lauren logo will remain a registered trademark in the European Union. RALPH LAUREN v Style & Taste
Background of the case On 29 September 2004, The Polo/Lauren Company LP applied for registration as an EUTM of a figurative sign consisting of a polo player on a horseback holding up his black polo stick. The mark was registered on 3 November 2005. Against this application, on 23 February 2016, the appellant, Style & Taste, S. L., filed an application for a declaration of invalidity of the trade mark on the basis of an industrial property right, specifically, on a Spanish design registered…
Limits of the ius utendi conferred by the trade mark. Non-existence of trade mark infringement. Absence of likelihood of confusion. KHAMA vs KALMA COLCHÓN
In summary, the proprietor of the mixed national trade mark KHAMA, the sign of which is brings an action for infringement against the defendant. He bases his claim on the fact that the trade mark distinguishes the trade in mattresses, whereas the defendant distinguishes the mattresses it manufactures by means of the sign KALMA, and that there is a likelihood of confusion. Two facts are of particular relevance. The first is that the claim could not be based on priority of use of the trade mark…
Three-dimensional trade mark conflict: Is there a risk of confusion between these two water bottles?
BACKGROUND OF THE GENERAL COURT The 5 January 2016 Volvis Holding SA filed an application for registration of an EU trade mark for a three-dimensional sign, for Classes 32, 35 and 39. The application was published in the European Union Trade Mark Bulletin on 1 March 2016, and on the 31 May 2016 Sun Stars and Sons Pte Ltd filed a notice of opposition on grounds of likelihood of confusion (Art.8.1b of the European Union Trade Mark Regulation). Contested trade mark three-dimensional sign:…
Lack of individual character in a Community design as a ground for invalidity
Background to the case On 13 March 2019 Creative 7 UK Ltd filed and registered the following travel bag: Distribuzione Junior S.R.L. then submitted an application for a declaration of invalidity on the following grounds: The Community design corresponds to a men's rucksack sold under the name 'Universal Cabin Bag - 2 in 1'. The Community design was invalid ab initie, since at its filing date it did not meet the requirements for registration and had already been disclosed in accordance with…
Is a bullfighter's performance protected by copyright?
Background of the case The background of the case dates back to 2014, when a reputed bullfighter applied for the registration in the intellectual property register of a work entitled "Performance of two ears with request of tail to the bull "Curioso" nº 94, weighing 539 kgs, born in February 2010 at the Garcigrande livestock farm Feria de San Juan de Badajoz, 22 June 2014". This application was rejected and on 10 April 2017, and subsequently a lawsuit was filed before the Commercial Court No. 1…
Has AMEN a meaning for the General Court? Conceptual dissimilarities overweight visual and phonetical similarities.
BACKGROUND OF THE CASE On 3 of May 2018, Ms Isaline Grangé and Ms Alizeé Van Strydonck filed an EUTM application for the word sign “âme”, for Classes 18 and 25. On the 21 August 2018 Nema Srl filed a notice of opposition based on the figurative trade mark “AMEN”, which was already registered in goods for the same Classes. The opposition was relied on grounds of Art.8.1(b) of the European Union Trade Mark Regulation. The Opposition was rejected by the Opposition Division on 25 October 2019.…
“Valentía” as a wine indicator of the Valencian denomination of origin. Denomination of Origin Valencia.
Background of the case 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. On 17 March 2020, the Opposition Division rejected the…