AIPF Annual Meeting

Cristina Hernandez-Marti Perez was appointed during the AIPF Annual Meeting in Boston as a member of the Board of Directors.  She will also continue as Chair  of the Trademark Committee working with attorneys from all over the world and organizing valuable content for AIPF members.

Taschen Totebag Design – Different overall impression

On November 2014, HALFAR System GmbH, applied for and registered the following Community design in respect of ‘bags’. On July 2020, Hotel equipment Schranz GmbH filed an application for a declaration of invalidity of the registered Community design, on the grounds that it lacked of novelty and individual character and, in addition it consisted exclusively of features of appearance of a product which are solely dictated by its technical function.

Batman – Application for declaration of invalidity dismissed – Trademark with distinctive character

On January 2019, Commerciale Italiana Srl, filed an application for declaration of invalidity of the following EU trademark for goods in classes 25 and 28, owned by DC Comics.

Copyright – Communication to the public – Broadcasting of background music on means of transport

Case C-775/21. On March 2019, UCMR - ADA brought an action before the Bucharest Regional Court against the air transport company Blue Air, seeking remuneration still due and penalties for the communication to the public of musical works on board Blue Air’s aircraft without obtaining a licence.

Conguitos – nullity application based on art. 8.5 EUTMR rejected – different goods

On January 2012, Mr. Mariano Esquitino Madrid, filed an application for registration of the following EU trademark for goods in classes 3, 14 and 18. On December 2016, Chocolates Lacasa Internacional, S.A., applied to the EUIPO for invalidity of the said EUTM on the basis of, among others, its EU word mark "Conguitos" registered in class 30.

‘Rolex’ / ‘Representation of a crown’ – No risk of confusion – Different goods and non-proved injury in the sense of art. 8.5 EUTMR

On November 2014, PWT A/S, obtained international registration designating the EU of the following trademark for goods, inter alia, in class 25. On June 2016, Rolex SA, filed a notice of opposition to registration for the contested mark, based on the following earlier EU trademarks, for goods in class 14, inter alia. The Opposition Division upheld the opposition.

Unfair competition. Publication of the decision. Grounds of the action.

Unfair competition. Publication of the decision. Grounds of the action.In this case, the plaintiff and one of the co-defendants are engaged in the production, distribution and supply of medical devices intended for patients with certain pathologies, while the other co-defendant (a FOUNDATION) is an institution providing assistance to the aforementioned patients.

Design. Visibility in normal use of a complex product.

The design registered at the German Patent and Trade Mark Office had as its only graphic representation the drawing showing the underside of a bicycle saddle.

HERNANDEZ MARTI attended MARQUES Spring meeting

The perfect occasion to continue working on the teams activities, to hear what other groups are looking into and discuss what is new in EUIPO during a workshop.

XXXVIII AIPPI Spanish Group Study Days on Intellectual Property

During these conferences, current issues such as administrative nullities and lapses or the susceptibility of the protection of creations made by artificial intelligence were discussed.

Hernandez Marti Abogados recognized by WTR 1000 – Enforcement & Litigation

“Hernandez Marti Abogados has a great trajectory in the Spanish IP market and is recognised for its customer-oriented service, innovative and practical problem-solving skills, and clear and concise communication.” “It efficiently handles global IP portfolios, defends brand owners in contentious situations, and serves as a resource for anyone looking to position themselves in the European market. It offers sounds guidance from the very start and produces extraordinary results.” Setting the tone…

Trademark invalidity and cancellation proceedings before the SPTO

Since January 14 2023, the Spanish Patent and Trademark Office (SPTO) has been the competent administrative body to hear applications for nullity and cancellation of trademarks, without prejudice to the fact that its decisions may be reviewed by the civil courts (Commercial Courts and higher courts).