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 […]

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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 […]

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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, […]

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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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New criteria for protecting three-dimensional trademarks

It is not always easy to determine the minimum threshold for distinctiveness when protecting a three-dimensional trademark. Given the disparate criteria applied by European justice in this matter, and with a view to providing a joint solution to the issue, a guide for Common Practice has been issued for the procedures that were put in […]

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