Trademark infringement and unfair Competition: Decision on the unauthorized use of a trademark in a commercial establishment

Centros de Depilación Láser Ideal SL, is an authorised licensee of the registered trade mark ‘CNLI Ideal Centros de Depilación Láser’, with the faculty to sub-license.  This entity, on 27 October 2015, held a business franchise contract with a private individual, which included the assignment of the rights to use the registered trademark for the development of its beauty business in premises located in a shopping centre.


The distinctiveness of minimalist trademarks

On 29 December 2020 Shenzhen City Chongzhen Tecnology Co. Ltd  filled an EUTM application for a figurative sign consisting of 6 horizontal black lines, on a white background,  forming the shape of the letter “Y” or “V”, for goods and services in Class 9 regarding electronic devices.


Bad faith in trademark registration proceedings. The Tesla case

On 4 November 2022, an application was filed requesting for a declaration of invalidity against EUTM 5838727 “TESLA” (word mark) for all of the goods covered by the EUTM, which belong to classes 12 and 25, regarding accessories for vehicles and clothing, among others. The reason for this application was based on the grounds of bad faith under art.59.1.b EUTMR.


Hernández Martí Abogados is listed in the Bronze Firms category for trademark enforcement and litigation in Spain in the WTR 1000

Hernández Martí is lauded by patrons for its embodiment of a “360-degree approach to the IP experience”, owing to its “in depth knowledge of intellectual property rights, not only from a prosecution angle, but also a litigation and transactional one”. 


Dr. Cristina Hernández-Marti Pérez is listed in the Silver Individuals category for trademark enforcement and litigation in Spain in the WTR 1000

Spearheading the firm’s IP department, Cristina Hernandez Marti is a pillar of rich legal, academic and business knowledge, particularly where trademark prosecution, unfair competition and advertisement law are concerned.


Refusal of the EU trade mark RUSSIAN WARSHIP, GO F**K YOURSELF – devoid of distinctive character

On 16 March 2022, an application was filed for the European Union Trade Mark MUE 018672791 consisting of a figurative sign showing the slogan RUSSIAN WARSHIP, GO F**K YOURSELF in English and Russian, for the goods and services in classes 9, 14, 16, 18, 25, 28 and 41.


The shape variation of a common product isn’t a distinctive element for a trade mark- Three-dimensional trademark consisting of a ring

The European Union trade mark nº 18948203 consists of a three-dimensional mark, represented by a white background upon which six silver rings with an irregular shape are displayed.


The importance of the social context in order to establish the suitability of a EU trademark regarding the public policy and the accepted principles of morality

On May 5 2020, Turner Broadcasting System Europe Limited sought to register theword mark “MARICON PERDIDO” (Lost queer) as a European Union trade mark(MUE018234526) for the goods and services in class 9 and 41 regarding audio visual recordings and Entertainment services.


From December 1st to 4th, we actively participated in the XXIV ASIPI Conference held in the vibrant city of Panama.

From December 1st to 4th, we actively participated in the XXIV ASIPI Conference held in the vibrant city of Panama.


Risk of Confusion in Marks with Enhanced Distinctiveness – SHOPEE vs. SHOPIFY

This case addresses the recent decision of the EUIPO Second Board of Appeal in the opposition filed by the brand SHOPIFY against the Trade Mark Shopee.


Analysis of the Distinctiveness of the Collective Mark “Morcilla de Burgos”: From Descriptive to Distinctive

On October 7, 2013, the Association of Producers of Morcilla de Burgos applied to register the collective mark "MORCILLA DE BURGOS," characterized by the colors black, gray, and red, to distinguish blood sausages (“Morcilla”) from the geographic region of Burgos, in the Spanish country.


The reversed order of the same words as a differentiating factor: the case Betsport v.s Sportbet

The European Union trade mark No 18736246 named Sportbet was applied for in class 41 regarding gambling services. In response, Circus Belgium S.A., owners of the trade mark Betsport, filed an opposition to the registration under Article 8(1)(b) of the EUTMR. However, the opposition was rejected in its entirety as no relevant similarity was found between the two signs despite the fact that the services offered were identical.