Category: Trademarks
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 […]
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 […]
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 […]
New criteria for protecting three-dimensional trademarks
It is not always easy to determine the minimum threshold for distinctiveness when protecting a three-dimensional trademark. Given the disparate criteria applied by European justice in this matter, and with a view to providing a joint solution to the issue, a guide for Common Practice has been issued for the procedures that were put in […]