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29 July 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.

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 July 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.

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.

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.

27 March 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.

11 October 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.

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.

23 January 2017

EU Trademark Court confirms that use of well-known trademarks to sell smell-alikes is infringing

The EU Trademark Court Number 2 of Alicante has upheld a lawsuit filed by Carolina Herrera Limited, Puig France SAS, Gaulme SAS and Antonio Puig SA against Yodeyma Parfums SL for offering and marketing smell-alike perfumes identified by using comparison lists containing the plaintiffs’ well-known trademarks. The court found that such use infringed the plaintiffs’ trademarks and constituted free-riding.

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.

12 December 2016

English court claims no jurisdiction in EU trademark case where no infringement occurred in the United Kingdom

An English court has held that it did not have jurisdiction to decide a claim relating to acts of infringement of an EU trademark under Article 97(5) of the EU Trademark Regulation, in circumstances where the potentially infringing acts committed by the defendant (in this instance taking steps to put a sign on a website) took place in Spain where the defendant was domiciled.