Category: Trademarks
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 […]
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 […]
Vegan IP: Pineapple and apple-based textiles that are gaining ground with more and more fashion brands
The use of plant-based raw materials in the world of fashion is an increasingly upward trend that provided fertile ground for research, production and marketing of numerous inventions. All of which is reflected in intellectual property rights: the trademarks under which they are marketed and the process patents for creating these materials. The vogue for […]
When free comes cheap
“Gratis” is in and its owner has reason to celebrate. The Supreme Court has confirmed that the trademark was not registered in bad faith in Spain, despite the fact that the proprietor was aware of the existence of the prior Turkish marks: The Turkish trademarks had not been used in the Spanish market, which meant […]
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 […]
‘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 […]