Can colours be regarded as descriptive of the taste? “Sienna Selection” case

On 14 September 2018, the applicant Philip Morris Products filed an application for registration of an EU trade mark for the word sign “SIENNA SELECTION” for goods contained in Class 34. On 19 June 2019 the examiner refused the registration on grounds of Arts. 7.1 (b) and (c) of the Regulation on the European Union Trade Mark, for being non-distinctive and descriptive of the goods applied for. On 30 July 2019 the applicant lodged an appeal which was dismissed by the Fifth Board of Appeal on 18…

The Polo Ralph Lauren logo will remain a registered trademark in the European Union. RALPH LAUREN v Style & Taste

On 29 September 2004, The Polo/Lauren Company LP applied for registration as an EUTM of a figurative sign consisting of a polo player on a horseback holding up his black polo stick. The mark was registered on 3 November 2005.

Limits of the ius utendi conferred by the trade mark. Non-existence of trade mark infringement. Absence of likelihood of confusion. KHAMA vs KALMA COLCHÓN

In summary, the proprietor of the mixed national trade mark KHAMA, the sign of which isbrings an action for infringement against the defendant. He bases his claim on the fact that the trade mark distinguishes the trade in mattresses, whereas the defendant distinguishes the mattresses it manufactures by means of the sign KALMA, and that there is a likelihood of confusion.

Three-dimensional trade mark conflict: Is there a risk of confusion between these two water bottles?

The 5 January 2016 Volvis Holding SA filed an application for registration of an EU trade mark for a three-dimensional sign, for Classes 32, 35 and 39.

Lack of individual character in a Community design as a ground for invalidity

On 13 March 2019 Creative 7 UK Ltd filed and registered the following travel bag

Is a bullfighter’s performance protected by copyright?

The background of the case dates back to 2014, when a reputed bullfighter applied for the registration in the intellectual property register of a work entitled "Performance of two ears with request of tail to the bull "Curioso" nº 94, weighing 539 kgs, born in February 2010 at the Garcigrande livestock farm Feria de San Juan de Badajoz, 22 June 2014".

Has AMEN a meaning for the General Court? Conceptual dissimilarities overweight visual and phonetical similarities.

On 3 of May 2018, Ms Isaline Grangé and Ms Alizeé Van Strydonck filed an EUTM application for the word sign “âme”, for Classes 18 and 25. On the 21 August 2018 Nema Srl filed a notice of opposition based on the figurative trade mark “AMEN”, which was already registered in goods for the same Classes. The opposition was relied on grounds of Art.8.1(b) of the European Union Trade Mark Regulation.

“Valentía” as a wine indicator of the Valencian denomination of origin. Denomination of Origin Valencia.

On 10 February 2018, Unión Vinícola del Este SL applied for registration of the trade mark "Es Valentía" (word mark) for wines of the Utiel - Requena designation of origin and cavas in Class 33. Opposition to this application was filed by the Regulatory Council of Wines of Valencia Designation of Origin on 28 June 2018 on the grounds of likelihood of confusion and conflict with a prior geographical indication.

The perception of the term TORTA as an indicator of a PDO. Torta del Casar vs. Torta de la Serena

On 12 December 2011, the Regulatory Council of the Protected Designation of Origin 'Queso de La Serena' filed the following EUTM application...

The intention of the applicant and the relation with bad faith

On 5 July 2019, Murcia Commercial Court No. 2 issued a judgment in the lawsuit brought by the company Aznar Zamora against Exigrup J. Guerrero for infringement of its exclusive rights due to the defendant Exigrup J Guerrero SL's use of the sign "EXIGRUP". The defendant opposed as well as requested the dismissal of the claim, the nullity of the plaintiff's trademark on the grounds of bad faith when it was registered as it coincides with the term that corresponds to the defendant's company name…

The sign´s orientation when assessing the similarity of the trademarks. Chanel vs. Huawei.

On 28 September 2017, Huawei filed an application for registration of a EUTM for some of the goods in Class 9. Registration as a mark was sought for the following sign:

Advertising without actually selling can be considered as use of the trade mark. IKONIK HOTEL case

The applicant High Tech Hotels brought an action against Agincourt seeking a declaration of revocation of the trade mark IKONIK HOTELS, registered for classes 35 and 43, alleging lack of genuine use of the trade mark by the proprietor and having a legitimate interest given that the defendant had opposed its application for the European trade mark ICON HOTELS.