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26 April 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. 

08 January 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).

12 November 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.

10 September 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. 

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.

03 August 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).

29 March 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).

01 February 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.

13 December 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.

07 July 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.

10 May 2016

Spanish Supreme Court says purple mop is a flop

The Spanish Supreme Court has upheld the decision of the Community Trademark Court of Alicante in a case involving the two-dimensional representation of a three-dimensional object.

18 September 2015

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).

03 July 2015

Revoked trademark held to have been infringed

In a case involving two LIBERTO trademarks for Class 25 goods, the Barcelona Court of Appeal has found that the plaintiff's trademark should be cancelled for lack of use and that the defendant's trademark was invalid. However, it also found that the plaintiff's revoked trademark had been infringed by the defendant.

05 May 2015

HOTEL CATALONIA SAGRADA FAMILIA held to be valid

The Commercial Court Number 2 of Alicante, acting as a CTM Court, has declared that the Spanish mark HOTEL CATALONIA SAGRADA FAMILIA was valid and that its use did not infringe the earlier CTM HOTEL SAGRADA FAMILIA. Among other things, the court held that, as the Sagrada Familia identifies the entire city of Barcelona, it was understandable that a hotel might choose to refer to the monument in its name.

29 January 2015

ABSENTA BAR mark declared valid after challenge by previous Absenta Bar owner

Section 15 of the Barcelona Court of Appeal has upheld the validity of the trademark ABSENTA BAR for services in Class 43, which had been challenged by the owner of a local traditional business called Absenta Bar. Among other things, the court held that, as neither the bar's previous owners nor the current owner had been sufficiently diligent to register the sign as a trademark, the rights of the trademark owner prevailed.