Author: Beatriz Ganso
Morcilla de Burgos: Can Protected Geographical Indications and collective trademarks coexist?
Both Designations of Origin (DO) and Protected Geographical Indications (PGI) are essential to ensure that the goods that they protect comply with strict quality criteria and come from a specific geographic location. In addition, collective trademarks identify goods or services of members of their association with respect to third parties. However, can the two coexist? […]
Kerry versus Kerry: coexistence or likelihood of confusion between trademarks
Although trademarks may well coexist peacefully in some markets it is not always the case in other countries where their origin is less well known. This is illustrated by a recent dispute heard by the Supreme Court between two trademarks for butter and margarine from county Kerry in Ireland. The two trademarks, Kerrygold and Kerrymaid, […]
Your domain name, your identity: the risks of not protecting it for your brand image
In the current context, the use of domain names is essential so that consumers from any part of the world can access the products and services of companies on the Internet. They allow companies to promote their brand image and connect with the community around them. Domain names are a valuable form of identity and […]
The value of the designations of origin: don’t be fooled by the (Galician) mussels
The use of Designations of Origin (DO) is of utmost importance to guarantee consumers that the products they are acquiring comply with specific quality standards and that come from a specific geographical origin. The doubt arises when producers intend to make similar or evocative, but not identical, use of the protected DO. How far can […]
What brand would you associate this product with?: the three-dimensional cookie that prevents Gullón’s trademark registration
The General Court of the European Union has refused to register the figurative mark `Gullón Twins Cookie Sandwich´ because Gullón was taking unfair advantage of the earlier three-dimensional mark protecting the shape of Oreo’s cookie. In this case T-677/18, the General Court decides on the appeal lodged by Galletas Gullón against the decision of the […]
‘La irlandesa’ who wasn’t from Ireland: a trademark fight
The EUIPO has confirmed the nullity of the mark `La Irlandesa´. The analysis of this case provides criteria and guidelines for determining not only the misleading nature of a sign, but also when its application should be found to have been made in bad faith. The Grand Board of Appeal of the European Union Intellectual […]