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Judgment of the Court of Justice (First Chamber) of 24 January 2018 Word mark FITNESS. Application for invalidity. Period for submitting evidence in the EUIPO proceeding. On 30 May 2005, NESTLE was granted registration of EU word mark “FITNESS” for goods in Classes 29, 30, and 32 of the Nice Agreement. On 2 September 2011, the undertaking called European Food filed an application for invalidity of the trade mark “FITNESS” on the basis of Articles 52(1)(a) and 7(1)(b) and (c) of Regulation No.…
La mafia SE SIENTA A LA MESA
Judgment of the General Court of 15 March 2018 ECLI:EU:T:2018:146 “Trade mark of the European Union – Invalidity proceedings – EU figurative mark La Mafia SE SIENTA A LA MESA – Absolute ground for refusal – Whether contrary to public policy or to accepted principles of morality – Article 7(1)(f) of Regulation (EU) 2017/1001” On 20 December 2007, the enterprise La Mafia Franchises, S.L. (hereinafter, the appellant) was granted registration for the EU figurative mark “La Mafia SE SIENTA A LA…
On March 7 Cristina Hernández-Martí participated as a speaker in the pantel "The graphic representation requirement"
On March 7 Cristina Hernández-Martí participated as a speaker in the pantel “The graphic representation requirement” during the Legal week of the Universidad San Francisco de Quito. Cristina shared panel with María de los Ángeles Lombeyda, José Roberto Herrera y Juan José Arias Delgado.
6 benefits of registering your trademark
In Hernández Martí Abogados we tell you some of the advantages of registering your trademark. Registered trademarks are an effective communication tool. They are an additional way of segmenting your target group and that this group recognizes you in an easy and quick way. Registered trademarks allow companies to use their brand in trade, as well as on Internet and social networks in a safer manner. This can prevent third parties from using it. The trademark is one of your company's most…
Intellectual and industrial property: Calculation of damages. Does Article 13 of Directive 2004/48/EC preclude national legislation of a Member State?
The Judgement of the Court of Justice (Fifth Chamber) of 25 January 2017 resolves a referral raised for preliminary ruling concerning the case between Stowarzyszenie “Oławska Telewizja Kablowa” (OTK) and Stowarzyszenie Filmowców Polskich (SFP), in relation to the interpretation of Article 13 of Directive 2004/48/EC. The question referred for preliminary ruling is whether Article 13 of Directive 2004/48 is to be interpreted as precluding national legislation, whereby the holder of an infringed…
Requirements of distinctive character acquired through use
The Judgment of the General Court of 15 December 2016, in the case Mondelez UK Holdings & Services Ltd versus EUIPO and Société des produits Nestlé SA, analyses Article 7 of Regulation No 207/2009. On 21 March 2002, Société des produits Nestlé SA filed an application for registration of the following three-dimensional mark as an EU trade mark for Class 30 of the Nice Agreement, in respect of ‘chocolate, chocolate products, confectionery, candy; sweets; bakery products, pastries, biscuits;…
LACK OF DISTINCTIVE CHARACTER AS ABSOLUTE GROUNDS FOR REFUSAL TO REGISTER A EUROPEAN UNION TRADE MARK.
Judgement of the General Court of 15 December 2016 in Case T-529/15 Intesa Sanpaolo SpA vs EUIPO. EU trade mark application of the figurative mark START UP INITIATIVE. Absolute ground for refusal. Lack of distinctive character. Article 7(1)(b), of Regulation (EC) Nº 207/2009. Intesa Sanpaolo SpA filed an application for registration of a European Union trade mark with EUIPO, for the following figurative sign: The goods for which registration was sought, concerning this judgement, was for…
DISTINCTIVE CHARACTER OF A FIGURATIVE MARK
The Judgement of the General Court of 15 December 2016, in the case Novartis AG versus EUIPO, analyses Article 7(1) of Regulation No 207/2009. On August 2014, Novartis AG filed two applications for registration of the figurative signs as EU trade marks for Class 5 of the Nice Agreement with the description “Pharmaceutical preparations”. By decision of 24 November 2014, the examiner rejected the applications for registration on the ground that the marks applied for were devoid of any…
TAKING UNFAIR ADVANTAGE OF THE DISTINCTIVENESS OR THE REPUTE OF AN EARLIER MARK
The Judgement of the General Court of 30 November 2016, in the case K&K Group AG versus EUIPO and Pret A Manger (Europe) Ltd, analyses Article 8(5) of Regulation No 207/2009. On 3 May 2012, K&K Group AG filed an application for registration the figurative sign as an EU trade mark for Classes 29, 30, 35 and 43 of the Nice Agreement. On 18 December 2012, Pret A Manger (Europe) Ltd, filed an application for a declaration of invalidity against the mark based on the earlier marks: EU…
MAIN NEWS REGARDING THE EUROPEAN REGULATION ON DATA PROTECTION
The new REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND COUNCIL of 27 April 2016, came into effect on 25 May 2016, with reference to the protection of natural persons regarding the processing of personal data and the free movement of such data. This Regulation will be implemented as of 25 May 2018, as companies and entities have two years in order to adapt to this, with the presentation of the draft bill for the reform of the Spanish Data Protection Act [Ley Orgánica de Protección de…