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Spain

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.

Trademarks take centre stage at IP statistics conference
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.

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.

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11 Jan 2019

Preliminary injunctions granted against Blablatel Mobile for parallel imports

In a dispute between two mobile phone companies, the EU Trademark Court Number 1 of Alicante has confirmed that importing goods that were originally intended to be marketed outside the European Economic Area without the trademark owner's consent constitutes infringement. Read more

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

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

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

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Anti-counterfeiting

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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

2 Feb 2016

Liability in criminal proceedings for storage of infringing products

The La Coruña Court of Appeal has upheld a first-instance decision sentencing the owner of around 10,000 items of clothing bearing well-known trademarks, used without the holders' consent, which had been seized in its warehouse. The first-instance decision included a prison sentence, a fine and – with respect to civil liability – the payment of damages to the holders of the infringed trademarks. Read more

Brand management

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7 Jul 2016

Barcelona and Neymar top football trademark rankings; high-flying Leicester need to shore up their defence

Research conducted by World Trademark Review reveals the leading trademark filers in the football world, with FC Barcelona, AC Milan and Manchester United topping the list. It also demonstrates that Leicester City – a team that shocked the football fraternity by winning the Premier League title two months ago – do not yet have a trademark portfolio that matches its newfound success; although a club spokesperson tells us that it has plans to change that. Read more

Enforcement and litigation

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11 Jan 2019

Preliminary injunctions granted against Blablatel Mobile for parallel imports

In a dispute between two mobile phone companies, the EU Trademark Court Number 1 of Alicante has confirmed that importing goods that were originally intended to be marketed outside the European Economic Area without the trademark owner's consent constitutes infringement. Read more

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

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

17 Aug 2018

A-Z guide of EU trademark court practice and performance: Spain to UK

In the final part of our series, trademark counsel from law firms across Europe provide an overview of the performance of their countries’ EU trademark courts over the last two years. Read more

Goverment/policy

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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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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

19 Jan 2016

Use of ‘Champagne’ in bar name infringes protected ‘Champagne’ designation of origin

The Granada Court of Appeal has upheld a lower-court decision finding that the owner of the Café Jazz La Champagnería had infringed the ‘Champagne’ designation of origin (Appeal 307/2015, October 28 2015). Read more

Portfolio management

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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

13 Dec 2016

General Court dismisses opposition to THE ENGLISH CUT

The EU General Court has dismissed an opposition to the word mark THE ENGLISH CUT by the owners of Spanish mark EL CORTE INGLÉS. The court upheld its previous decision, finding no likelihood of confusion and no evidence of damage or risk to reputation. Read more

Trademark law

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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

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

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

latest

1

Preliminary injunctions granted against Blablatel Mobile for parallel imports

2

Protecting and enforcing design rights: Spain

3

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

4

Preliminary draft Trademark Act: invalidity and cancellation proceedings

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Mathias Kleespies
Partner
Munich, Germany
Vossius & Partner
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