The General Court of the European Union has refused the registration of the trademark "XOXO", considering that it does not fulfill the function of identifying the business origin because it has a merely promotional meaning: love and affection.
A judgment by the Court of Justice of the European Union (CJEU) has concluded that to determine whether use “in the course of trade” exists it is irrelevant whether the mark is used in the course of a person's trade or whether any consideration is received. The key lies in the receipt (import) of the goods and in the fact of those goods not being intended for private use.
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 takes the award for the second year running
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.
The court must rule on a number of questions referred to the CJEU by the Spanish Supreme Court, in a case in which Garrigues represents Club de Variedades Vegetales Protegidas.
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.