Proof of use, a new tool to defend trademark registrations at the Spanish Patents and Trademarks Office

The Spanish trademark system now has a new means of defense: proof of use. This change means that the trademark applicant can require the opponent to prove that genuine use has been made of the trademark on which the opposition is based. If use is not evidenced, the opposition based on that trademark will not […]

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What if we change change our logo? The legal implications of making variations in a trademark

The European Union Intellectual Property Network (EUIPN) has recently published Common Practice on the use of trademarks in a form different from the one in which they were registered. This is a frequent source of friction between the marketing and legal departments of a company, as from a commercial perspective, the need for change does […]

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‘My product is better than yours’: is it lawful to use third party’s trademarks to advertise your own products or services?

Although the use of a third party’s trademarks for advertising purposes involves certain risks, legislation allows it provided that it is in the context of fair play and bearing in mind certain limitations for which it is always advisable to obtain sound legal advice. An ad for a sports car: at the top the phrase […]

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Messi wins the battle against the mark ‘Massi’ after a decade-long dispute

The Court of Justice of the European Union has dismissed the appeals filed by the European Union Intellectual Property Office (EUIPO) and the Spanish company J-M.E.V e hijos S.R.L., in a dispute that has lasted for almost a decade and which finally recognizes that the world-famous F.C. Barcelona player, Lionel Andrés Messi Cuccittini, holds exclusive […]

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Banksy case: registration of a trademark in bad faith and the price of anonymity

In a recent decision, the EUIPO has cancelled street artist Banksy’s trademark for the well-known artwork ‘Flower Bomber” for being filed in bad faith. The EUIPO ruled that at the time the application was filed, the artist had no intention of using the sign as a trademark and that he only used it subsequently to […]

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Dispute regarding the European registration of the trademark ‘Neymar’: beating them all to it doesn’t always count

In the race for ownership of a trademark, the principles of loyalty and business ethics prevail over the ‘first to file rule’ according to which whoever gets there first and is the quickest to register the mark holds exclusive rights. We look at the ‘Neymar’ case, in which bad faith in registering the trademark led […]

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