How do you obtain protection of geographical indications for craft and industrial products?

EU Regulation 2023/2411 on geographical indications is now a reality. Up until now protection had been limited to agricultural products and wines, but the new regulation extends this protection to crafts and industrial products linked to traditional regional skills. Through a two-phase registration procedure, unified protection is guaranteed throughout the EU. When we wrote our […]

Does satire have limits?

A recent judgment by the Supreme Court concludes that a satirical thread on X (formerly Twitter) about a public figure is protected by freedom of artistic creation. Satire is an artistic genre with a long tradition in Spanish culture. Despite this, it is a form of expression that has never been devoid of controversy in […]

Mandatory prior negotiation: a new opportunity in intellectual property conflicts

Organic Law 1/2025, of 2 January 2025, on efficiency measures for the public justice service, promotes the use of alternative dispute resolution mechanisms in intellectual property disputes by introducing prior negotiation between the parties as a new procedural admissibility requirement. Avoiding the judicialization of conflicts is the primary goal of the lawyer. However, the use […]

Acquired distinctiveness in trademarks: the secret is in the evidence

Acquired distinctiveness is a powerful tool that enables a mark, that would otherwise fall short of the minimum distinctiveness threshold to be registrable as a trademark, to be protected as such. Although the process requires time, strategy and resources, it is possible to turn a sign, which in principle would not meet the necessary requirements […]

New patent possibilities emerge for natural products

New case law by the Technical Board of the European Patent Office (EPO) establishes that new active principles contained in natural extracts used in traditional remedies qualify as patentable. According to article 54 (1) and (2) of the European Patent Convention (EPC), an invention shall be considered to be new if it does not form […]

Rejection of the trademark registration “Insomnia Energy” following the application for a declaration of invalidity filed by Monster Energy Co.

Last October 23, the General Court of the European Union refused the figurative trademark registration “Insomnia Energy” on the grounds that the proprietor – BBF Company EOOD – was taking unfair advantage of the reputation of the mark “Monster Energy”, owned by Monster Energy Co. The conflict arose in December 2020 when Monster Energy Co. […]

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