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Five counterfeit hotspots in Spain that brand owners must be aware of

In the next edition of our regular series on marketplaces around the world that are reportedly notorious for being havens for fakes, we head to Spain.

29 Jul 2019

The top filers and a vision for the future: inside EUIPO operations

Less than a year into Christian Archambeau’s tenure as executive director, the EUIPO is laying the groundwork for future expansion. World Trademark Review’s annual focus on the office assesses current operations, reveals the most proactive filers and explores how the agency is taking a global view of trademarks.

26 Apr 2019

Trademark Premier League: Manchester United crowned 2019 champions, as Messi pulls ahead of Neymar

With today’s World Intellectual Property Day celebrating the importance of IP in sports, research conducted by WTR finds that Manchester United has the most significant trademark portfolio of any global football club.

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5 Dec 2019

Exhaustion of trademark rights: Barcelona Court of Appeal rules in Schweppes case

The Barcelona Court of Appeal has held that Red Paralela had infringed Schweppes' Spanish SCHWEPPES marks by importing and commercialising Schweppes-branded tonics in Spain which had been manufactured in the United Kingdom by Coca-Cola, the owner of the UK SCHWEPPES marks. Read more

14 Nov 2019

Protecting and enforcing design rights: Spain

4 Nov 2019

Criminal sentence handed down for possession of infringing FC Barcelona t-shirts

The Madrid Court of Appeal has upheld a lower court decision sentencing the defendant to five months’ imprisonment for possessing 9,317 counterfeit items of clothing for commercial purposes, including t-shirts infringing the IP rights of FC Barcelona. Read more

23 Jul 2019

Supreme Court recognises Modelo’s right to register and use CONTINENTE mark

In a case involving multinational retailer Carrefour, the Spanish Supreme Court has confirmed that under no circumstances can a trademark that is no longer used on the market seek protection. Read more

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Anti-counterfeiting

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16 Jul 2019

Criminal sentence imposed for commercialisation of infringing souvenirs

The Criminal Court No 15 of Valencia has sentenced the managers of a company in the souvenir industry for committing a crime against IP rights under with Article 273 of the Criminal Code. Read more

1 May 2019

Criminal sentence handed down to importers of shoes infringing adidas’s trademarks and designs

The Court of Appeal of Valencia, acting as a trial court, has sentenced two defendants to one-and-a-half years in prison for importing several thousands of pairs of counterfeit adidas shoes for commercial purposes. Read more

29 Nov 2018

Barcelona Court of Appeal hands down criminal sentence for commercialisation of counterfeit FC Barcelona products

In a case involving counterfeit FC Barcelona products, the Court of Appeal of Barcelona has confirmed that the defendant had committed a crime against intellectual property under Article 274 of the Criminal Code. Read more

23 May 2018

Barcelona Court of Appeal upholds criminal sentence for sale of counterfeit shoes

The Barcelona Court of Appeal has upheld a condemnatory judgment sentencing an online seller of counterfeit shoes for committing a crime under Article 274 of the Criminal Code. Read more

Brand management

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4 Aug 2018

Spanish filers look to the EUIPO over China, as local trademark market shows signs of stagnancy: exclusive data analysis

In our latest country data report, we turn our spotlight to Spain. We reveal that smaller brands may have an especially tough time flourishing there, analyse key filing trends both domestically and abroad, and much more. Read more

17 May 2018

Manchester United tops Premier League of trademarks; Messi overtakes Neymar in player rankings

Exclusive research by World Trademark Review reveals the filing activity of the world’s most valuable football clubs and players, and finds that Manchester United boasts the most trademarks of any team in the world. Read more

Enforcement and litigation

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5 Dec 2019

Exhaustion of trademark rights: Barcelona Court of Appeal rules in Schweppes case

14 Nov 2019

Protecting and enforcing design rights: Spain

4 Nov 2019

Criminal sentence handed down for possession of infringing FC Barcelona t-shirts

23 Jul 2019

Supreme Court recognises Modelo’s right to register and use CONTINENTE mark

Goverment/policy

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11 Apr 2018

Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern. Read more

11 Oct 2017

Foreign companies and unfair competition actions in Spain

The Spanish Supreme Court has addressed the controversial issue of the standing of foreign companies which do not operate directly in Spain to bring actions under the Spanish Unfair Competition Act, by dismissing an appeal against a US company’s standing to sue a Spanish distributor. Read more

IP offices

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27 Feb 2019

IP offices of EU, Chile, Singapore and Spain named most innovative in the world

In exclusive research from WTR, the EUIPO has been ranked as the most innovative IP office in the world for the third year in a row. Closely behind are the registries of Chile, Singapore and Spain. Read more

2 Nov 2018

Trademarks take centre stage at IP statistics conference

In this exclusive guest insight, CompuMark’s Robert Reading shares his takeaways – and why trademarks are taking a more prominent role in the analysis of IP analytics. Read more

6 Apr 2018

Trademark offices prepare for the future as users give poor performance grades

The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot. Read more

27 Mar 2018

BARCELONA collective mark rejected, battle for Prudential name and Philippines fakes crackdown: news round-up

In our latest round-up, we look at the Philippines government pledging to crackdown on counterfeit goods, a national IP office’s anti-fakes video featuring a naked man atop a tortoise, and much more. Read more

Portfolio management

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17 May 2018

Manchester United tops Premier League of trademarks; Messi overtakes Neymar in player rankings

3 Aug 2017

Court win for FC Barcelona

The High Court of Justice of Catalonia has overturned two previous decisions by the Spanish Patent and Trademark Office in favour of FC Barcelona. This judgment may set a precedent for other cases concerning Spanish industrial designs intended to protect products containing emblematic elements or images that may clash with earlier marks or signs (eg, souvenirs, stationery and ornamentation). Read more

29 Mar 2017

Trademark procedures and strategies: Spain

Distinctive signs are principally governed by the Trademark Act (17/2001), which replaced the former Trademark Act (32/1988) and was complemented by Royal Decree 687/2002. In 2006 the Trademark Act was further amended by Act 19/2006, which implemented the EU IP Enforcement Directive (2004/48/EC). Read more

1 Feb 2017

Cancelled CONTINENTE marks are no obstacle to use of later registered CONTINENTE mark

The Madrid Court of Appeal has recognised the absolute right of Modelo Continente Hipermercados SA to use its registered trademark CONTINENTE, having upheld the cancellation of Carrefour’s CONTINENTE marks due to non-use. The decision confirms that trademark registrations that are cancelled due to non-use in the market should not prevent the holder of a later registered mark from using it in that market. Read more

Trademark law

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8 Jan 2019

Protecting and enforcing design rights: Spain

The legal framework relating to industrial designs in Spain is circumscribed, as far as national legislation is concerned, to Law 20/2003 on the Legal Protection of Industrial Designs (7 July 2003) and the Regulation for the Implementation of Law 20/2003 on the Legal Protection of Industrial Designs, approved by Royal Decree 1937/2004 (7 September 2004). Read more

12 Nov 2018

Preliminary draft Trademark Act: invalidity and cancellation proceedings

Following the approval of a preliminary draft law partially amending the Spanish Trademark Act in order to incorporate Directive 2015/2436, various consulting bodies have given their opinions on the draft text, highlighting certain aspects which they believed could be improved. Read more

10 Sep 2018

Trademark procedures and strategies: Spain

At an international level, the Trademark Act has adapted Spanish law to the general legal framework established within the international community. Read more

17 Jul 2018

Court of Appeal upholds criminal sentence for import of counterfeit t-shirts bearing registered trademarks

The Court of Appeal of Zaragoza in Spain has upheld a judgment of the Trial Court in which the latter had sentenced the defendants for importing thousands of counterfeit t-shirts from China. Read more

Twitter

27 Jan 2020

@WTRmagazine RT @Interty: TikTok transparency report reveals positive data for #intellectual #property owners https://t.co/wuOQQ5GGSg via @WorldIPReview Read more

27 Jan 2020

@WTRmagazine RT @BRANDSTOCK_AG: Which are the most valuable brand in 2020? A clue: they are all companies that work in tech. Discover the Global 500 rep… Read more

27 Jan 2020

@WTRmagazine RT @MarksmenTweets: ICYMI @bakermckenzie reigns supreme as world’s strongest #lawfirm brand | World Trademark Review https://t.co/hSD5qYr5w… Read more

27 Jan 2020

@WTRmagazine RT @OpSecSecurity: Not blocked – Meghan, Harry and a tale of trademark misreporting https://t.co/AJV2cwGQe3 by @WTRMagazine Read more