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 […]

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