Requirements for an unregistered trade mark to be able to apply for a invalidiy declaration of a subsequently registered trade mark.

On 22 September 2009, Fiesta Hotels & Resorts, S.L. filed an application for registration of an EU trade mark at the European Union Intellectual Property Office (EUIPO). The trade mark in respect of which registration was sought is the following figurative sign:


The General Court points out that designations of origin are protected for both goods and services. Champanillo v. Champagne

Case C 783/19 concerns a reference for a preliminary ruling from the Audiencia Provincial de Barcelona to the Court of Justice in the proceedings between the Comité Interprofessionnel du Vin de Champagne (CIVC) and GB concerning infringement of the protected designation of origin (PDO) "Champagne".


The importance of the correct wording of goods and services when applying for a trademark. BIMBO vs. VICKY FOODS

On 14 June 2018, Hijos de Antonio Juan, S. L., filed an application for EU trade mark registration before the European Union Intellectual Property Office (EUIPO). The trade mark in respect of which registration was sought is the word sign DONAS DULCESOL for various foodstuffs, including pastry and confectionery products; pastries; biscuits; brioches and cakes.


To what extent does the existence of employment relationship between the parties preclude or eliminate the possibility of recognizing co-authorship? Negishi v. Antonio De Felipe

On 7 October 2016, the artist Fumiko Negishi brought an action before the Commercial Court seeking a declaration of authorship and, in the alternative, co-authorship of two hundred and twenty-one works created together with the artist Antonio De Felipe, her employer.


Guerlains’s three-dimensional trademark is is unusual for its type of goods and differs from any other shape on the market

On 17 September 2018 Guerlain applied for registration as a European trade mark of a three-dimensional sign for Class 3, 'lipsticks'.


The sound of a can being opened cannot be registered as a sound mark

On 6 June 2018, the German company, Ardagh Metal Beverage Holdings GmbH & Co KG, filed an application for registration of a trade mark with the European Union Intellectual Property Office. The mark in respect of which registration was sought is the sound sign reminiscent of the sound produced when a beverage can is opened, followed by a silence of about one second and a fizzing sound of about nine seconds. Providing an audio file when submitting the application for registration.


Distinctiveness and reputation of the contested trademark are not relevant when assessing likelihood of confusion. Movistar v. Moviestar

On 24 February 2015 Telefonica applied for the registration of the trademark “MOVISTAR SERIES” for Classes 35, 38 and 41. However, on 16 June 2015 Heinrich Bauer Verlag KG filed an opposition on behalf of an earlier German trade mark “MovieStar”. On 30 September 2020, the Opposition Division upheld the opposition. Against this decision, Telefonica filed an appeal on 24 November 2020.


The General Court rules on procedural bad faith. The MONOPOLY CASE.

On 30 April 2010, the appellant, Hasbro, Inc. filed an EUTM application of the word mark MONOPOLY, in classes 9, 16, 28 and 41, being granted in 2011 (EUTM 9071961).


Celebrities names should be taken as a whole when they do so artistically. Miley Cyrus v. Cyrus

On 21 April 2014, the applicant Smiley Miley Inc. filed an application for registration of an EUTM for the word sign “MILEY CYRUS”, in regards to Classes 9, 16, 28 and 41. On 14 September 2014, Cyrus Trademark Ltd filed a notice of opposition against the application, based on a prior EUTM registered for Classes 9 and 20.


YouTube only infringes copyright if it contributes towards the public accessing illegal content on the platform.

In the dispute which gave rise to the first case (C-682/18), in 2008, Frank Peterson, a music producer, sued YouTube and its legal representative, Google, before the German courts in relation to the posting online on YouTube of several phonograms in which he claimed to hold various rights. In the dispute which gave rise to the second case (C-683/18), in 2013, the publisher, Elsevier, brought an action against Cyando AG concerning the making available online, on its file hosting and sharing…


The inclusion of a Protected Designation of Origin as part of a trademark – Lar de Duero Case

On 7 November 2017, the Spanish Patent and Trademark Office rejected the application for registration of trademark no. 3658229, with the distinctive sign "LAR DE DUERO" for "wines, all wines covered by the Ribera de Duero designation of origin". The Regulatory Council of the Designation of Origin Ribera del Duero lodged an appeal against this decision on 21 May 2018. This appeal was also rejected and, finally, an appeal for judicial review was lodged, with the Chamber for…


There is a likelihood of confusion between the requested trade mark INCOCO and the registered trade mark COCO.

On 23 January 2014 Innovative Cosmetic Concepts LLC applied to the European Union for registration of the international trade mark 'INCOCO' (word mark), for Classes 3, 35 and 44. On 23 October of the same year Chanel filed a notice of opposition alleging likelihood of confusion with two earlier French marks under the word mark 'COCO', for the same Classes. On 27 November 2018, the Opposition Division upheld the opposition and the applicant filed an appeal against that decision. Thus, on 16…