’DEVICE OF A BANSKY’S MONKEY’ – Valid trade mark – Nonappreciation of bad faith

On November 2018, Pest Control Office Limited (‘Pest Control’), filed an application for registration of a figurative EU trade mark for goods in classes 9, 16, 25, 28 and 41. The application was published on March and registered on June of the following year.

NFTs Trademark protection

Faced with a high demand for applications including terms related to virtual goods and non-fungible tokens and in order to avoid increasing legal uncertainty, the European Union Intellectual Property Office (EUIPO) has published guidelines showing the approach taken by the Office for the classification of virtual goods.

’LALIGA HEAD SOCCER’ – Trade mark invalidity on bad faith

D&D DREAM CORP ('DREAM') launched a digital game called 'HEAD SOCCER' in 2012. For its part, LA LIGA NACIONAL DE FUTBOL PRFESIONAL (hereinafter LALIGA), applied on October de 9th of 2017 for registration to the OEPM of the figurative mark "LA LIGA HEAD SOCCER", for goods in class 9, including "computer game software for use on mobile phones and mobile phones". Trade mark Nº 3 686 122 was granted in the absence of opposition.

VIVA MODEL MANAGEMENT – Trademark infringement

The entity dedicated to the modeling industry, VIVA MODEL MANAGEMENT, is the owner of the International Trademark with effects in Spain nº 0905203 "VIVA MODEL MANAGEMENT" for classes 35 and 41. For its part, the company AZUVIL LINGERIE S.L., dedicated to the business of escort services, began to use the sign "VIVA MODEL", to identify itself in the traffic of its market and, in addition to that, adopted the domain names www.vivamodel.com and www.vivamodel.es.

The display of an image on the Internet (Rihanna Instagram post) is considered a design disclosure – PUMA case

PUMA SE is the holder of registered Community Design No. 3 320 555-0002 with a filing date of 26 July 2016. Priority was claimed for US design patent application No. 29/572,153 filed on 25 July 2016; the indication of goods is for "shoes".

33rd EUIPO User Group meeting

The 33rd EUIPO User Group meeting took place on 17 October 2022 in Alicante. Cristina Hernandez-Marti Perez participated on behalf of ASIPI (Inter-American Association of Intellectual Property). The purpose of the meeting is to exchange views on common subjects of interest.

”READY4YOU” – Slogan devoid of distinctive character

On 11 March (Case T-432/21) and 13 March 2020 (Case T-367/21) the applicant, Sushi&Food Factor sp. z o.o. sp.k, applied to the European Union Intellectual Property Office (EUIPO) for registration of the following figurative signs for the goods and services in Classes 29, 30 and 43.

The shape of Dior’s Saddle bag lacks distinctive character for handbags and wallets according to EUIPO’S board of appeal.

On 24 March 2021, CHRISTINA DIOR COUTURE filed for registration of the three-dimensional trade mark at the European Union Intellectual Property Office (EUIPO).

Invalidity of a trade mark on the grounds of bad faith. The plaintiff’s standing is based on the use of the sign.

The plaintiff, Beheermaatschappij Schuitemaker, B.V., is bringing an action for invalidity, based on art. 51.1.b) Trademark Law 17/2001, of Spanish trademark no. 2884969 "SR SCHUITEMAKER", mixed, for goods in class 7 (agricultural machinery), applied for on 16 July 2009 by the defendant.

MARQUES Annual Conference

The annual conference organised by MARQUES in Madrid will take place from 20 to 23 September 2022.

AIJA Annual Conference in Singapore

The annual AIJA (Association Internationale des Jeunes Avocats) Congress took place from 22-27 August 2022 in Singapore. The conference focused on "THE FUTURE OF THE LEGAL PROFESSION: COMING TOGETHER AND EMBRACE CHANGE".

Organic Law 7/2022, amending Organic Law 6/1985, of 1 July 1985, on the Judiciary (LOPJ) – new developments in the field of industrial property

Organic Law 7/2022, amending Organic Law 6/1985, of 1 July 1985, on the Judiciary (LOPJ), on the subject of Commercial Courts, contains important new developments in the organisation of the jurisdiction, in particular attributing jurisdiction in certain matters between civil and commercial courts, Provincial Courts and specialised sections of the same. Our attention is focused on industrial property matters.