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Spain to understand “real and effective use” to a large extent in cancellation actions based on non-use of a trademark
Last Updated (Thursday, 15 April 2010 06:27) Written by Guérin Caroline Thursday, 15 April 2010 06:23
In its decision No. 716/2009 of November 13, 2009, the Spanish Supreme Court upheld the 2005 ruling of the Court of Appeals of Barcelona, which had considered that 2.000,- EUR of olive oil sales over two years and other items such as labels, invoices and catalogues, were sufficient to prove “real and effective” use of a trademark in Spain.
Spain to remind to watch out before crying wolf…or rather coyote
Last Updated (Monday, 22 February 2010 09:06) Written by Guérin Caroline Monday, 22 February 2010 09:00
According to Article 8 of the Paris Convention, “a trade name shall be protected in all the countries of the Union without the obligation of filing or registration, whether or not it forms part of a trademark”. However, the Civil Chamber of the Spanish Supreme Court meant to construe this article as to make it read that the claimant shall nevertheless prove use or fame of their trade name in "a substantial part of the Spanish territory" in order to have reasonable grounds to oppose or seek cancellation of Spanish trademarks and trade names.
Read more: Spain to remind to watch out before crying wolf…or rather coyote
New identity for the organic products within the European Union
Last Updated (Friday, 12 February 2010 08:03) Written by Guérin Caroline Wednesday, 10 February 2010 17:22
On February 8, 2010, the European Commission introduced the new logo that will bedeck European organic foodstuffs from July 1st, 2010 on.
Read more: New identity for the organic products within the European Union
Genuine use of the Community trademark and interpretation discrepancies
Last Updated (Wednesday, 03 February 2010 07:18) Written by Guérin Caroline Wednesday, 03 February 2010 07:15
On January 15, 2010, the Benelux Office for Intellectual Property (BOIP) made a surprising decision concerning the interpretation of the unchanging definition of the genuine use of a Community trademark. Indeed, even though it had long been understood as being valid provided that such use is made in at least one of the European Union’s Member States (see Article 15 of the Community Trademark Regulation and the Joint Statements by the Council and European Commission), the BOIP considered that such interpretation was erroneous.Read more: Genuine use of the Community trademark and interpretation discrepancies
iPad by Apple: make sure to dot your “i”s and cross your “t”s
Last Updated (Tuesday, 02 February 2010 08:52) Written by Guérin Caroline Tuesday, 02 February 2010 08:49
Forerunner in technological innovation matters in the past years, Apple once again drawn attention to itself by announcing the launching of the iPad, a tablet touch.
Besides criticisms as regards the handling of this product and its name ( "pad" being a synonym of "sanitary napkin" or "stuffing"...), many expressions of incomprehension arose concerning the lack of an in-depth research before choosing such a name.
Read more: iPad by Apple: make sure to dot your “i”s and cross your “t”s
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