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Verena von Bomhard  (BomhardIP) , Inmaculada González López  (BomhardIP)
Spain: new PTO cancellation proceedings and more news about trademark proceedings
August 09, 2022

  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…

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Agnieszka Sztoldman  (Osborne Clarke, University of Wrocław)
Lionel Messi scores his surname trade mark – the CJEU’s own goal?
September 23, 2020

On 17 September the CJEU handed down a long-awaited judgment on a matter that thrilled sports fans and the IP community (C-449/18P, C-474/18P, available in French and Spanish). Footballer Lionel…

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Carolina Pina  (Garrigues)
Second Round of the Jurassic Battle
September 11, 2020

The first instance court of Barcelona held that that the trade mark device of a dinosaur on a biscuit must remain in the public domain, ruling against the claimant in a trade mark and unfair…

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Carolina Pina  (Garrigues)
Is it possible to use a well-known trade mark to promote a contest?
September 03, 2019

What are the limits as regards the use of a well-known trademark to promote a contest? In two similar circumstances, two Spanish courts have reached different conclusions. In this article, we will…

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Kluwer Patent Blog
Top 3 Posts of the Spring from our IP Law Blogs
July 04, 2019

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our…

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Carolina Pina  (Garrigues)
Jurassic battle in Spanish courts
April 23, 2019

Can Dinosaurs be monopolized as a trademark? The Commercial Court of Barcelona (Judgment No. 123/2019 of April 3, 2019) has held that the representation of a dinosaur on a cookie cannot be…

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Carolina Pina  (Garrigues)
Traditional Names - The “Torta” Battle
September 14, 2018

The debate about the traditional terms, such as “torta”, has occupied Spanish case law for a long time and now the saga continues on an EU level. The main discussion is about whether the expression “…

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Verena von Bomhard  (BomhardIP)
AFTERSUN is not a DONUT!! – No monopoly to AFTERSUN, even in Spain
July 13, 2018

  Spain is obtaining the questionable reputation for protecting terms that are completely descriptive in other major languages as trademarks. MATRATZEN is one (in)famous example, DONUT is…

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Juan Caselles  (Elzaburu)
Anti-Counterfeiting in Spain: Numbers and Actions 2016
July 26, 2017

On the occasion of World Anti-Counterfeiting Day on 30 June 2017, the annual report on counterfeit goods seizures carried out by national law enforcement agencies and the Inland Revenue Office in…

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Carolina Pina  (Garrigues)
SMELL-ALIKE PERFUMES ARE BACK ON TRACK: THE “WRITING THE NAME OF YOUR FAVORITE PERFUME” STRATEGY, IS STILL UNLAWFUL
July 25, 2017

The Alicante Court of Appeal has concluded that the use of comparison lists in the marketing of smell-alike perfumes constitutes an unlawful form of comparative advertising, even when it is the…

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