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DeutschCalculation of the prescription period for industrial property claims against continuous infringement acts. - NADORCOTT mandarin tree case
BACKGROUND TO THE DISPUTE Following an application lodged by Nadorcott Protection SARL on 22 August 1995 with the Community Plant Variety Office (‘the CPVO’), the CPVO granted it a Community plant variety right in respect of the NADORCOTT variety of mandarin tree. An appeal with suspensive effect was brought against that decision before the Board of Appeal of the CPVO but was dismissed. Since 2006, JOSÉ CÁNOVAS PARDO S.L. has cultivated a grove of 4 457 mandarin trees of the NADORCOTT variety.…
A word sign must be refused registration if at least one of its potential meanings designates a characteristic of the goods or services concerned. “Made of Wood" case
BACKGROUND TO THE DISPUTE On 6 May 2019, the applicant, Mr Beelow, applied to the European Union Intellectual Property Office (EUIPO) for registration of a European Union trade mark. The trade mark applied for is the word sign 'made of Wood'. The goods in respect of which registration was sought are in Class 25 within the meaning of the Nice Agreement and correspond to the following description: 'T-shirts; sleeveless pullovers; polo shirts; polo jerseys; jumpers; hooded sweatshirts; shirts;…
The reputation enjoyed by the 'Estrella Galicia' trademark in the beer sector cannot be extended to oils and fats for food use. Estrella Galicia v. Estrella Andaluza
BACKGROUND TO THE DISPUTE The entity "Hijos de Rivera, S.A." lodged an administrative appeal against the decision of 23 October 2019 of the Spanish Patent and Trademark Office which dismissed the appeal lodged against the decision of 10 June of the same year which granted registration of trademark No. 3,741,648 "Estrella andaluza" (word graphic) applied for by the entity "Hottos 2018, S.L." to protect goods in class 29 of the international nomenclature, definitively granting the registration.…
The General Court finds that there is a likelihood of confusion. FRESHLY COSMETICS IDENTY v. IDENTITY
BACKGROUND TO THE DISPUTE On 6 June 2018, the appellant, Freshly Cosmetics, S. L., filed an application for registration of an EU trade mark at the European Union Intellectual Property Office (EUIPO). The trade mark in respect of which registration was sought is the following figurative sign: The goods in respect of which registration was sought are in Class 3 of the Nice Agreement and correspond to the following description: 'Make-up preparations; preparations for the care of the skin, eyes…
The overall impression produced by the contested design is different from those produced by the earlier marks. TOUS vs. The Bear-shaped lamp ZHEJIANG CHINA
BACKGROUND TO THE DISPUTE Zhejiang China-Best Import & Export Co. Ltd, is the proprietor of Community design No 4422343 0012, which was applied for and registered on 26 October 2017, as part of a multiple application, for 'luminaires' falling within class 26.05 of the Locarno Agreement and is represented in the following image: On 10 July 2018, the appellant, S. TOUS, filed an application with the European Union Intellectual Property Office (EUIPO) for a declaration of invalidity of the…
In assessing the similarity of the goods or services, all the relevant factors relating to those goods or services should be taken into account. Sfera / Sfera Kids v. Sfora Wear
BACKGROUND TO THE DISPUTE On 21 September 2016, the other party to the proceedings, Andrzej Koc , filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO). Registration as a trade mark was sought for the word sign SFORA WEAR. The goods for which registration was sought are in Classes 18, 24 and 25 of the Nice Agreement. On 20 January 2017, the applicant, Sfera Joven, SA, filed a notice of opposition against the registration of the…
Requirements for an unregistered trade mark to be able to apply for a invalidiy declaration of a subsequently registered trade mark.
Background to the dispute On 22 September 2009, Fiesta Hotels & Resorts, S.L. filed an application for registration of an EU trade mark at the European Union Intellectual Property Office (EUIPO). The trade mark in respect of which registration was sought is the following figurative sign: The services in respect of which registration was sought are in Class 43 of the Nice Agreement and correspond to the following description: 'Restaurant services (food and drink); temporary accommodation'.…
The General Court points out that designations of origin are protected for both goods and services. Champanillo v. Champagne
Case C 783/19 concerns a reference for a preliminary ruling from the Audiencia Provincial de Barcelona to the Court of Justice in the proceedings between the Comité Interprofessionnel du Vin de Champagne (CIVC) and GB concerning infringement of the protected designation of origin (PDO) "Champagne". Background to the dispute GB has tapas bars in Spain and uses the sign CHAMPANILLO to designate and promote them on social networks and in advertising leaflets. In addition, it associates with that…
The importance of the correct wording of goods and services when applying for a trademark. BIMBO vs. VICKY FOODS
Background to the dispute On 14 June 2018, Hijos de Antonio Juan, S. L., filed an application for EU trade mark registration before the European Union Intellectual Property Office (EUIPO). The trade mark in respect of which registration was sought is the word sign DONAS DULCESOL for various foodstuffs, including pastry and confectionery products; pastries; biscuits; brioches and cakes. The trade mark application was published in the Trade Marks Bulletin of the European Union No 150/2018 of 9…
To what extent does the existence of employment relationship between the parties preclude or eliminate the possibility of recognizing co-authorship? Negishi v. Antonio De Felipe
Background of the case On 7 October 2016, the artist Fumiko Negishi brought an action before the Commercial Court seeking a declaration of authorship and, in the alternative, co-authorship of two hundred and twenty-one works created together with the artist Antonio De Felipe, her employer. Madrid Commercial Court no. 3 handed down a judgment on 16 January 2019, in which it declared that the artist, Antonio De Felipe, was the sole author of the two hundred and twenty-one pictorial works, as…