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. 


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.


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.


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


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.


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.


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.


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.


 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.


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


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).


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.