Intellectual Property

Just when everyone thought they wouldn’t be able to register as a trademark the title of a famous German comedy from 2013 and its two sequels from 2015 and 2017: Fack ju Göhte, because it was contrary to accepted principles of morality, the Court of Justice of the European Union (CJEU), accepted its registration in a judgement handed down on February 27, 2020 (case C-240/18).
Royal Decree No. 463/2020 declaring a state of alert in Spain to manage the COVID-19 public health crisis was published on March 14, 2020. Among other measures designed to respond to the outbreak and alleviate its consequences, all court and administrative time limits have been suspended for fifteen natural days (i.e. until March 29, 2020). This period, however, may be extended if necessary.
Garrigues took the award for Portuguese IP Firm of the Year for the second year running at the annual Global IP Awards organized by the international publications World Trademark Review (WTR) and Intellectual Asset Management (IAM). The firm collected the award last night at the award ceremony in London.
As a result of the transposition of Trademark Directive 2015/2436, both the Trademark Law as well as its implementing regulations have had to be amended accordingly. The reform of the implementing regulations, approved through Royal Decree 306/2019, of April 26, 2019 (published in the Official State Gazette last April 30), came into force on May 1, 2019.
 On January 11 2019 the EUIPO’s Cancellation Division revoked European Union trademark 62.638 BIG MAC, filed in 1996 by the famous fast-food chain McDonald’s. Although the mark had been registered since 1998, in April 2017, the Irish fast-food chain Supermac’s filed an application for revocation of the trademark BIG MAC due to non-use, based on article 58.1 of the European Union Trademark Regulation.
New Trade Secrets Law 1/2019, of February 20, 2019 (TSL, available here) has been published in the Official State Gazette. The Law will come into force on March 13, 2019. It transposes into Spanish law, Directive (EU) 2016/943 of 8 June 2016, on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (available here).