Right to be forgotten: developments with regard to de-referencing in the light of inaccurate information
Garrigues
by Almudena Vigil
1w ago
A recent judgment by the Court of Justice of the European Union (CJEU) has introduced relevant developments where the right to be forgotten is exercised based on the inaccuracy of the information included in the referenced content. Many people will be curious to know what information comes up when they search for their name on the Internet. However, the Spanish proverb “don’t look for what you don’t want to find” is quite right – the search results may not be to our liking or worse still, may contain inaccurate information about us. Can we do anything to make those results disappear? How can w ..read more
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What are the steps to register a trademark in Spain?
Garrigues
by Almudena Vigil
1w ago
To register a trademark in Spain, an application must be filed at the Spanish Patents and Trademarks Office (SPTO). The following information is required to file an application:   Word and/or graphical representation of the mark to be registered. If the mark consists of a device or is accompanied by a device, a clear example of the device, indicating the colors used (where applicable). If the mark is a sound, hologram or multimedia mark, a file in MP3 or MP4 format. A clear indication of the goods/services that the mark seeks to cover. The applicant’s full particulars, in ..read more
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What are the steps to register a tradmeark in the EU?
Garrigues
by Almudena Vigil
1w ago
To register a European Union trademark, an application must be filed at the European Union Intellectual Property Office (EUIPO). Once the application has overcome the substantive examination, it is registered with unitary effects, that is, it becomes a single trademark registration which is effective throughout the EU (27 Member States). The following information is required to file an application:   Word and/or graphical representation of the mark to be registered. If the mark consists of a device or is accompanied by a device, a clear example of the device, indicating the colors us ..read more
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10 key aspects of applying for a declaration of invalidity or the revocation of trademarks and trade names at the Spanish Patents and Trademarks Office
Garrigues
by Almudena Vigil
3w ago
As from January 14, the Spanish Patents and Trademarks Office (SPTO) will, for the first time, assume the task of determining whether a trademark is invalid or must be revoked. As from this coming January 14, claims requesting a declaration of invalidity or the revocation of a Spanish trademark (or Spanish trade name) must be filed at the SPTO. As a result, it will only be possible to submit claims at the commercial courts, in the form of a counterclaim, in trademark infringement proceedings. Royal Decree-Law 23/2018, which transposes Directive 2015/2436 relating to trademarks, introduces this ..read more
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‘Hot news’: can news be protected?
Garrigues
by Almudena Vigil
1M ago
Exclusives, scoops, breaking news… Being the first to inform is undoubtedly important for the media. However, once a news item has been disclosed it can lose all its value: is it possible to prevent a third party from reporting on those same events? Observations on the value of information abound. The most popular is that “knowledge is power”. For the constitutional system, the dissemination of information is the bedrock of free public opinion in a democracy. However, from an economic standpoint, information could be considered a “non-rival” or “non-excludable” consumer good. This implies that ..read more
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The challenge of protecting well-known trademarks beyond the principle of specialty
Garrigues
by Almudena Vigil
2M ago
Can a well-known watch brand prevent the protection of another identical or similar trademark for other types of goods such as cosmetics? The possibility of consumers’ associating the goods of a particular trademark is greater when that mark is well-known. However, relying on the reputation of such trademarks for other goods is not always easy and needs to be analyzed case by case. The principles governing the scope of protection of a trademark are territoriality and specialty. However, the boundaries of the principle of specialty become blurred when it comes to famous trademarks, since well-k ..read more
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Trademark registration: Banksy laughs last and longest
Garrigues
by AdminGar123
2M ago
The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘Laugh Now But One Day We’ll Be In Charge’, having deemed that it was not registered in bad faith. In recent years, the EUIPO Cancellation Division has decided to invalidate several trademarks by the famous graffiti artist Banksy on the basis that they were registered in bad faith (article 59.1b) of the European Union Trademark Regulation–EUTMR). In fact, in a previous IP Blog post, we commented on the invalidity declaration on grounds of bad faith of the Flower Throw ..read more
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Grace period in the patent system: a commercial advantage?
Garrigues
by Almudena Vigil
3M ago
The fact that some jurisdictions provide a grace period during which, before the patent application is filed, the inventor can disclose the invention without any limitation with respect to the form or purpose of the disclosure and without this preventing the registration of the patent, as opposed to jurisdictions in the EPC system that do not envisage this possibility, can make it difficult to adopt global strategies for the protection of inventions. Under the European Patent Convention (EPC) and national patent regulations in the countries that adhere to the Convention, which include Spain, a ..read more
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The EU resolves doubts surrounding the protection of trademarks in relation to NFTs
Garrigues
by Almudena Vigil
3M ago
The European Union Intellectual Property Office (EUIPO) has issued its guidelines on the classification of goods and services relating to NFTs, establishing the bases to approach the legal challenges resulting from their registration and the scope of protection afforded to owners. Non-fungible tokens, or NFTs, have come to hold a fundamental place in the digital universe and, specifically, in the so-called Web3. Although at present NFTs are scarcely used beyond mere collectibles, the growing interest in the metaverse is making non-fungible tokens extremely useful assets in our virtual lives. B ..read more
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Protection for Talavera pottery, Elche footwear or Albacete knives
Garrigues
by Almudena Vigil
4M ago
An EU proposal for a regulation could help protect craft products and the qualities attributed to specific local skills and traditions. Talavera pottery, Elche footwear and Albacete knives are undoubtedly well-known the world over. The challenge now is to protect them on the register as geographical indications of craft and industrial products.  The EU specifically protects Geographical Indications (GI) for wines, spirit drinks and other agricultural products and foodstuffs. For example, the GI Champagne or the GI Prosciutto di Parma. However, until now, there was no EU-wide mechanism to ..read more
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