Author: Braulio Robles
Genuine use of trademarks in the digital age: when a review on Tripadvisor also counts
The General Court of the European Union has once again emphasized that genuine use of a trademark is not determined solely by the geographic extent of its use, but by the commercial reality of the market in which it operates. In a recent case regarding hotel and restaurant services, the court confirmed that an online […]
Trademark squatting: when your trademark already has an owner
The Spanish Patents and Trademarks Office (OEPM) has declared the Arturo’s trademark (related to food and accommodation services) invalid, after finding the application was filed in bad faith. The agency observed that the only reason for applying for registration of the trademark was to seek a ransom from the party the applicant believed to be […]
The memory of Pablo Escobar casts a shadow over Europe: EU trademarks as a reflection of moral principles.
A recent judgment of the General Court of the European Union sheds light on the interpretation and application of the concepts of public policy and morality resulting from a trademark application for “Pablo Escobar” In the annals of criminal history few names are as conspicuous and compelling as that of Pablo Escobar, the infamous Colombian […]
Shape up your mark: the intricacies of protecting the appearance of a product as a trademark
Is your product different? Does it have a unique shape that sets it apart from competitors? If so, perhaps you want to think about protecting that particular shape as a trademark. It is an effective strategy for companies that want to stand out in a saturated market. Although the procedure to register a product’s shape […]
Russia takes over Champagne and Cognac: Has intellectual property become a geopolitical battlefield?
New Russian legislation on geographical indications forces importers of Champagne to relabel their products as “sparkling wine”. Few people are aware that the growing confrontation between Russia and the West actually started in connection with intellectual property back in July 2021. It was on that date that two amendments were made to the Federal Law […]
Tradition has no shape: the protection of a design does not depend on the type of product in which it is incorporated
Simply applying the typical pattern of a “cachirulo” (traditional Aragonese bandana) on a different item of clothing does not confer individual character on the design Albeit still toned down due to the restrictions of the pandemic, the recent celebration of the festival of the Virgin of Pilar has given the inhabitants of Zaragoza the chance […]
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