Author: Marta González Aleixandre
Use it or lose it: Madrid Provincial Appellate Court confirms the partial revocation of the Spanish Olympic Committee’s trademarks for non-use
The Madrid Court confirms the partial revocation of several trademarks of the Spanish Olympic Committee due to non-use. The judgment underscores that neither reputation nor sector-specific protection can replace genuine use: without actual commercial use a trademark is lost. Panel 32 of the Madrid Provincial Appellate Court has confirmed, through six judgments dated October 29 […]
The Glencairn glass: a case of protecting the shape and the trademark
The iconic Glencairn glass, the definitive whisky glass, will lose protection as a registered trademark this year. The EUIPO’s recent refusal to recognize its shape as a trademark underscores the difficulties involved in maintaining the legal exclusivity of products with timeless designs. The case reflects the limitations that currently exist in the protection of shapes […]
Can an advertising slogan function as a trademark?
The General Court of the European Union recently refused to allow registration of the “BECAUSE THERE IS NO PLANET B” mark for cosmetic products, stationery and other accessories, holding that it lacked the distinctive character required for the general public to identify it as a trademark. One of the essential functions of a trademark is […]
The EU resolves doubts surrounding the protection of trademarks in relation to NFTs
The European Union Intellectual Property Office (EUIPO) has issued its guidelines on the classification of goods and services relating to NFTs, establishing the bases to approach the legal challenges resulting from their registration and the scope of protection afforded to owners. Non-fungible tokens, or NFTs, have come to hold a fundamental place in the digital […]
Happy Pills vs Molagominola: The Supreme Court rules that unfair competition has not taken place
The Supreme Court has addressed a case that brings to light the restrictive application of the Unfair Competition Law in scenarios involving the potential imitation of similar products. On June 25, 2021, the Civil Chamber of the Supreme Court dismissed the appeal filed by Happy Pills, S.L against Fresh & Good, S.L (Molagominola) and FNAC, […]
The Lego case: The EGC recognizes the validity of the design protecting one of its famous construction blocks
Marta González Aleixandre, Associate Intellectual Property Department European Justice has found in favor of LEGO in its General Court Judgment (GC) of March 24, 2021 in case T-515/19, recognizing the validity of a design consisting of the representation of a block which is a component of this well-known construction game. The decision focuses on […]
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