Category: Trademarks
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 […]
Siege against online searches for fakes
Google has set up a new option to avoid finding sites offering counterfeit goods, allowing users to request that it review and take down sites selling counterfeit goods. This measure may prove to be very effective in preventing the visibility of sites that profit from selling fakes. You need to fill out a form provided […]
According to the CJEU, the reputation of a trademark is not considered when comparing its similarity to other signs
What do trademarks such as Intel, Red Bull, Visa, Hermès or Rolex have in common? They have all been recognized as trademarks with a reputation in most EU countries. As a general rule, a trademark’s reputation affords reinforced protection from third parties attempting to register identical or similar signs. However, reputation is not always relevant. […]
Where’s my world trademark?
No. Unfortunately the following article will not be announcing a new global trademark affording worldwide protection to goods and services. No such thing exists, nor is anything like it expected any time soon. The territoriality principle governs, and will continue to govern, intellectual property rights at international level. That is, trademarks will continue to be […]
Intellectual property in the Andes region: how trademarks are protected in Bolivia, Colombia, Ecuador and Peru.
The Common Industrial Property Regime of the Andean Community (CAN) to which Bolivia, Colombia, Ecuador, and Peru belong, provides a series of advantages to applicants filing trademark applications or holding trademarks in any of those countries. In addition to the various methods for obtaining protection of trademarks that enable the holder to benefit from systems […]
‘La irlandesa’ who wasn’t from Ireland: a trademark fight
The EUIPO has confirmed the nullity of the mark `La Irlandesa´. The analysis of this case provides criteria and guidelines for determining not only the misleading nature of a sign, but also when its application should be found to have been made in bad faith. The Grand Board of Appeal of the European Union Intellectual […]