Category: Trademarks
EUIPO changes its approach: beer is not always similar to alcoholic beverages
Existing case law had long supported the similarity between beer in class 32 and alcoholic beverages in class 33. However, a recent shift in case law must now be taken into account when assessing oppositions against class 33 trademarks at EUIPO based on earlier marks covering beer, even though both categories consist of drinks containing […]
The Supreme Court judgment on the Mezquita de Córdoba clarifies the scope of trademark ius prohibendi against prior domain names
The recent ruling on the domain name “mezquitadecordoba.org” confirms a key idea for any business: a domain name – no matter how old – does not prevail over a registered trademark. The decision highlights the importance of having a solid strategy in place for protecting digital assets at a time when the online world carries […]
Beyond litigation: strategic use of mediation in EU trademark conflicts
The EUIPO’s recent expansion of its Mediation Services represents a significant shift in how EU trademark disputes can be resolved. Instead of relying solely on adversarial proceedings, parties now have access to a confidential, flexible and business-oriented alternative that allows them to pause formal deadlines, negotiate without pressure and work toward tailored, mutually beneficial agreements. […]
Let the games begin: the video game as a key player of the entertainment industry
From a niche pastime to a global phenomenon, video games now stand as a driving force of the entertainment industry. Beyond creativity and technology, they embody a complex fusion of art, technology, and law. As multifaceted works, video games demand thoughtful legal analysis and strategic intellectual property planning from development to launch. (Video) Gaming has […]
How is Peru using IP to protect its local recipes and premium products?
Famed as a world class cultural and culinary destination, Peru has taken decisive steps to protect its traditional recipes and emblematic products using IP. Geographical indications (GI or IG in Spanish) and traditional speciality guaranteed (TSG or ETG in Spanish) labels have been introduced through INDECOPI to preserve the country’s rich gastronomic heritage. Internationally, Peru […]
Trademark squatting: when your trademark already has an owner
The Spanish Patents and Trademarks Office (OEPM) has declared the Arturo’s trademark (related to food and accommodation services) invalid, after finding the application was filed in bad faith. The agency observed that the only reason for applying for registration of the trademark was to seek a ransom from the party the applicant believed to be […]