Category Archives: Trademarks & Design

The legal fake and trademark registration by a third party

With judgment no. 51754, filed on November 15, 2018, the Italian Criminal Court, section V, ruled concerning the distinction between the conduct integrant to the civil offence of unfair competition referred to in art. 2598 of the Italian Civil Code, no. 1 and the conduct integrant to the criminal offence referred to in art. 473 […]

The trademark is registrable only if it has acquired distinctive character throughout the European Union

A trademark must have distinctive character in order to be registered.   This requirement can also be acquired later because of the use made of the trademark but the conditions for this to happen are rather strict as taught by the Court of Justice of the European Union in its judgment of 6 September 2018 […]

New judgement for the trademark “Buddha Bar”: the invalidity of the trademark cannot be established ex officio

Another judgement has been pronounced for the “Buddha Bar” trademark. As some may remember, the famous trademark has already been the subject of a proceeding before the Court and the Court of Appeal of Milan, ended with the judgement n. 1277/2016 by the Court of Cassation, which confirmed the invalidity in Italy of the trademark […]

The Spanish trademark “La Mafia” is invalid

By judgement of March 15, 2018, the EU Court rejected the appeal brought by La Mafia Franchise, Sl and confirmed the invalidity of the EU trademark “La Mafia se sienta a la mesa” no. 5510921 registered in classes 25, 35 because it is contrary to public policy. On July 23 2015, the Italian Republic filed […]