Author: Isabel Pascual de Quinto
Zara vs. Boungiorno and the possibility (or not) of using third-party trademarks
A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. On January 11, 2024, the CJEU ruled on the preliminary question (Case C-361/22) raised by the Spanish Supreme Court in the proceedings between […]
Counterattacks in procedures for the declaration of invalidity of a trademark before the Spanish Patents and Trademarks Office
Since January 14, the Spanish Patents and Trademarks Office (SPTO) has been responsible for hearing applications for invalidity and revocation of trademarks. We take a look at the biggest risk faced by applicants seeking invalidity of a trademark on relative grounds. The SPTO has the power to declare the signs invalid where it considers that […]
10 key aspects of applying for a declaration of invalidity or the revocation of trademarks and trade names at the Spanish Patents and Trademarks Office
As from January 14, the Spanish Patents and Trademarks Office (SPTO) will, for the first time, assume the task of determining whether a trademark is invalid or must be revoked. As from this coming January 14, claims requesting a declaration of invalidity or the revocation of a Spanish trademark (or Spanish trade name) must be […]
Protection for Talavera pottery, Elche footwear or Albacete knives
An EU proposal for a regulation could help protect craft products and the qualities attributed to specific local skills and traditions. Talavera pottery, Elche footwear and Albacete knives are undoubtedly well-known the world over. The challenge now is to protect them on the register as geographical indications of craft and industrial products. The EU specifically […]
Virtual Fashionistas: How can you protect fashion that you can’t touch?
Fashion is celebrated above all for its versatility – its ability to adapt to every era and to change with the times. Right now we are living the intangibles revolution: social media, online shopping, on screen greetings, audio messages and meetings via platforms. Now it is the turn of fashion. That is, fashion you can […]
When free comes cheap
“Gratis” is in and its owner has reason to celebrate. The Supreme Court has confirmed that the trademark was not registered in bad faith in Spain, despite the fact that the proprietor was aware of the existence of the prior Turkish marks: The Turkish trademarks had not been used in the Spanish market, which meant […]
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