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DeutschHernandez Marti Abogados attends the 40th MARQUES Annual Conference in Lisbon
Hernandez Marti Abogados attended the 40th MARQUES Annual Conference, held in Lisbon from 22 to 25 September. The conference brought together intellectual property professionals from around the world and provided an excellent opportunity to reconnect with colleagues and clients, exchange ideas, and share insights on the latest developments in the field. Hernandez Marti Abogados’ participation in the conference reflects its commitment to collaboration and knowledge sharing within the…
Court of Appeal confirms that letters of the alphabet cannot be exclusively appropriated as trademarks: Inditex v. Punto Blanco
Inditex filed an application for a Spanish figurative trademark consisting of the initials “PB” (referring to Pull & Bear) to distinguish goods and services in classes 25 and 35. In response to this application, Lyetsa filed an opposition, arguing that the application conflicted with its earlier registrations relating to the “Punto Blanco” product line, for which it holds various figurative trademarks including the initials PB. However, the opposition filed by Lyetsa was dismissed on the…
Acquired Distinctiveness Enables the Registration of the ILOVEPDF Trademark in Spain
Ilovepdf, S.L. appealed against the Spanish Patent and Trade Mark Office’s (SPTO) decision refusing the registration of trademark No. 4245914 – ILOVEPDF – in Class 9, on the grounds that it lacked distinctiveness as it constituted an advertising slogan. The appellant argued that the contested decision was rife with subjectivity, as the conclusion that the trademark constituted an advertising slogan was reached through an artificial breakdown of its content. Furthermore, the appellant alleged…
Trademark revocation for non-use and its effects on infringement proceedings
On 30 March 2011, Walton International LTD (hereinafter ‘Walton’) was granted the Spanish trademark ‘Giordano’ for goods and services in classes 18 and 25, relating to the fashion industry. However, Walton was not making an effective use of its trademark on the Spanish market. Although the products were offered in Spain, the trademark’s website was solely in English, it did not accept euros as a payment currency (until 2016) and it did not provide any means of contact or after-sales service in…
Cristina Hernandez Marti will be a speaker a AIJA Annual Congress in Vienna 2026
We are proud to announce that Dr. Cristina Hernández-Martí Pérez, of HERNÁNDEZ MARTÍ ABOGADOS, will be a speaker at the AIJA Annual Congress in Vienna 2026, contributing to a timely discussion on how we can build safer, more inclusive and future-ready cities. Cristina will participate in Workshop 4 | “Creating Cities That Care: Applying Lessons from Vienna and Beyond to Inclusive and Safe Urban Design”. In her contribution, Cristina will explore how a gender perspective can transform the way we…
The conversion of an EU trademark allows an opposition to be maintained despite the invalidity of the earlier right
In June 2022, Cavour Srl filed a figurative trademark application in the European Union for services in Class 43 relating to temporary accommodation. However, Consulta GmbH filed an opposition to the application on the grounds that there was a likelihood of confusion with its earlier trademark right. The opposition proceedings were suspended in May 2023 at the opponent’s request, as there were ongoing invalidity proceedings concerning the earlier trademark. Furthermore, the General Court upheld…
The identity of the marks and the reputation of OBÉLIX require a new assessment of the case.
Les Éditions Albert René filed a request for the invalidation of the European Union trademark “Obelix,” owned by WORKS 11 MICHAŁ LUBIŃSKI and registered in Class 13, in connection with various types of firearms. The application for invalidation was based on the earlier European Union trademark “OBELIX” relating to the famous character from children’s comics, and registered for classes 9, 16, 25, 28, and 41 in connection with entertainment and merchandising activities. However, the application…
The evocation of protected designations of origin beyond products: the “Champanillo” case and the champagne PDO
This case was brought by the Comité Interprofessionnel du Vin de Champagne (CIVC) against a private individual over the latter’s use of the term “Champanillo” to describe his pub-and-beer-bar business, which, according to the CIVC, could constitute an infringement of the Champagne Protected Designation of Origin (PDO). The claim brought by CIVC was initially dismissed based on the differences between the products in question and their target audiences. The sign ‘Champanillo’ did not designate a…
Three-dimensional trade mark and technical function: the General Court upholds the refusal of a hand-shaped corkscrew.
The present dispute arises from an application for registration of an EU trade mark for a three-dimensional sign consisting of a hand-shaped corkscrew, for goods in Class 21. That application was rejected on the grounds that the sign applied for consisted exclusively of the shape of the product necessary to achieve a technical result in relation to the goods applied for. The Board of Appeal upheld the decision to refuse registration, finding that the essential characteristics of the sign were…
Preliminary Injunctions and Trademark Rights over “Houdini”: Limits to the Protection of Signs Linked to Public-Domain Characters
This order rules on the admissibility of the injunctive relief granted at the request of Houdini Heritage KFT, aimed at protecting the rights arising from its ‘Houdini’ trademark registration. The previous order required the defendants, Letsgo Entertainment S.L., Circus Espectacular S.L. and Beon Entertainment S.L., to cease using the name “Houdini” and similar names in their musical and advertising activities. The defendants filed an opposition to the injunctive relief, arguing that the…