How do you register an international trademark?

The Madrid System to register international trademarks is governed by the Madrid Agreement (1891) and the Madrid Protocol (1989) and is administered by the World Intellectual Property Organization(WIPO) located in Geneva, Switzerland. This system offers the owner of a trademark in one of the member States the possibility of extending protection of the mark to […]

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The challenge of protecting well-known trademarks beyond the principle of specialty

Can a well-known watch brand prevent the protection of another identical or similar trademark for other types of goods such as cosmetics? The possibility of consumers’ associating the goods of a particular trademark is greater when that mark is well-known. However, relying on the reputation of such trademarks for other goods is not always easy […]

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Trademarks filed in bad faith: the Portuguese experience of the past 3 years

When harmonising E.U. regulations, an extensive range of interpretations are tacitly accepted when new concepts arise. This is particularly true when the lawmakers find it difficult to define the boundaries of the term in question, given the plethora of situations it encompasses. Moreover, including these terms in our legal system is not an easy taskand […]

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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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