As of January 14, 2023, actions for revocation and invalidity of Spanish trademarks can be filed through administrative proceedings before the Spanish Patent and Trademark Office (“SPTO”). This is…
The night setting on contentious administrative appeals in Spain
On 14 January 2023, some rather fundamental changes are going to be implemented regarding trademark proceedings in Spain. These…
In a decision of 22 April 2016, the Spanish Supreme Court has clarified the circumstances in which the commercialization of original luxury products through Internet sale platforms outside a…
The relevance of the graphic element in the comparison of figurative signs and the application of the “principle of continuity of registration”.
In two different decisions, rendered within a…
The Spanish Supreme Court recently had to consider the likelihood of confusion between the representation of a lila mop registered as a two-dimensional trade mark and another party’s actual product,…
The CJEU in its decision of 4 February 2016 in the ARKTIS case (C-163/15) followed the opinion of Advocate General Wathelet and confirmed that recordal of a license is not a necessary condition for…
In his opinion of 17 December 2015 (Case C-163/15) concerning the trade mark ARKTIS, Advocate General Wathelet proposes that recordal of the license is not a necessary condition for the licensee to…
According to the Spanish Supreme Court, three-dimensional marks consisting of the shape of the product or its packaging are not considered to be genuinely used when used in conjunction with a highly…
