Distinctiveness and Lexicalization of a Well-Known Trademark: The DONUT Case before the Supreme Court
Bakery Donuts Iberia S.A.U. is the owner of the well-known Spanish trademarks ‘DONUT’ and ‘DONUTS’, which designate bakery products included in class 30 of the nomenclature. However, the company Atlanta Restauración Temática S.L. marketed, through its website, doughnuts under the brand name ‘REDONDOUGHTS’ which were identified as ‘donuts’ in the product description.
Tuesday December 30th, 2025
Pictorial Co-Authorship and Originality in the Execution Phase: Judicial Recognition of the Executor’s Creative Contribution
In the present case, an artist sued the owner of an art studio in order to have her authorship or alternatively her co-authorship, of 221 pictorial artworks recognised.
Tuesday December 16th, 2025
Rejection of bimbo’s three-dimensional trademark: lack of distinctiveness and non-application of the principle of registration continuity
Grupo Bimbo S.A.B, de C.V took legal action against the decision of the Spanish Patent and Trademark Office (SPTO) dismissing the appeal against the refusal of the three-dimensional trademark application M4153054 for flour or corn tortillas.
Tuesday December 9th, 2025
Concept of informed users and protection of modular systems. Community design. LEGO case.
The Hungarian Court of Justice has referred several questions to the European Court of Justice for a preliminary ruling on the scope of protection of Community designs
Thursday November 13th, 2025
Conflict between trademark and domain name: the case of “mezquitadecordoba.org”
Alhambra Valparaíso Ocio y Cultura S. L. era la titular del nombre de dominio «mezquitadecordoba.org», que registró en 2007.
Monday November 10th, 2025
Cristina Hernández-Martí Pérez – AIPF Board Member
HERNÁNDEZ MARTÍ ABOGADOS is proud to announce that our partner, Cristina Hernández Martí Pérez, has been appointed to the Board of Directors of the Association of Intellectual Property Firms (AIPF) for the 2025–2026 year.
Friday November 7th, 2025
The supervening revocation of the opponent’s trademark removes the likelihood of confusion
Granados 52 Inversiones S.L. applied to register the trademark WILD CARNAL STEAK HOUSE. But the company Pizza Market S.L., as the owner of the earlier trademark CARNAL, objected to the application, getting the Spanish Patent and Trademark Office (SPTO) to refuse the registration because there was a risk of confusion between the two trademarks.
Thursday November 6th, 2025
Recognition of the Distinctive Character of Short Sound Marks: The Berliner Verkehrsbetriebe (BVG) Case Before the General Court
On 15 March 2023, Berliner Verkehrsbetriebe (BVG) filed a trademark application in respect of a sound sign consisting of a short melody, to cover services in class 39 regarding transports. However, the application was rejected on the grounds that the melody lacked distinctiveness because it was too short and banal, as it did not have resonance or ability to be recognised by consumers as an indication of the commercial origin of the services which it covered.
Monday November 3rd, 2025
Hernández Martí Abogados at INTA Leadership Meeting 2025
As a member of INTA’s Anti-Counterfeiting Committee, Cristina will join leading IP professionals from around the world to exchange insights and discuss global strategies to combat counterfeiting and protect intellectual property rights.
Tuesday October 28th, 2025
Genuine use of a trademark through second-hand sales and authenticity certification: the Ferrari TESTAROSSA case
Ferrari SpA owned the international trademark TESTAROSSA in the European Union for class 12 in relation to vehicles and their accessories. However, the trademark was revoked in its entirety due to lack of use
Tuesday September 30th, 2025
Persimon and the Limits of Distinctiveness: Recent Jurisprudence During Kaki Season
In 2017, the company Fresh Direct Spain S.L. launched an advertising campaign in Valencia to promote its khakis under the trademark KAKIESTRELLA (figurative).
Tuesday September 16th, 2025
I (love) – lack of distinctiveness – position marks
In May 2022, an EUTM application was filed regarding a position mark consisting of the letter “I” followed by the illustration of a red heart, located on the left side of a piece of clothing. The mark was filed for goods in class 25 in relation to clothing, particularly t-shirts, sweaters and sweatshirts.
Tuesday September 9th, 2025


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