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 However, the trademark was revoked in its entirety due to lack of use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.


Cristina Hernández Martí Pérez Appointed Vice President of AIJEC

We are pleased to share some exciting news: our managing partner, Cristina Hernández Martí Pérez, has been appointed Vice President of the Association of Young Entrepreneurs of Catalonia (AIJEC).


The trademark “T Torre Village” annulled due to likelihood of confusion with well-known “VILLAGE” marks.

Value Retail Barcelona S.L. and Value Retail Madrid S.L. brought an action before the Trademark Court of the European Union against the entities Iberebro S.A. and Impacta Publicidad y Comunicaciones S.L.


Extending the reputation of physical goods to virtual products

In July 2021, an EU trade mark application was filed for the figurative sign ‘Glashütte Original’ covering goods and services in classes 9, 35 and 41, regarding virtual watches.


OECD–EUIPO Report Reveals Alarming Trends in Global Trade of Counterfeit Goods

We are pleased to share the release of the latest joint publication by the OECD and the European Union Intellectual Property Office (EUIPO):Mapping Global Trade in Fakes 2025: Global Trends and Enforcement Challenges.


Proof of acquired distinctiveness

On May 4, 2023, the company Amazonen -Werke H. Dreyer SE & CO. KG sought the annulment of the decision of the Fifth Board of Appeal of the EUIPO refusing the registration of international trademark No. 1461516, consisting of the combination of the colors green and orange, due to a lack of inherent distinctiveness.


The lack of individual character of the designs – Crocs Case

The company Crocs, Inc. is the holder of a registered Community design (hereinafter RCD) regarding a footwear design, which was registered on 22 November 2004.