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 […]

Statement of use of a trademark: a requirement in the USA that does not exist in the EU

The use of a trademark is crucial to preserve the rights in the mark. However, whereas in the US the statement of use is essential to maintain the registration, in the EU, it does not exist. Let’s take a look. The registration of a trademark grants the exclusive right to use a particular sign to […]

‘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 […]