Category Archives: Trademarks & Design

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 […]

Is it lawful the use of P.D.O. “Champagne” in the trade name of a champagne flavour sorbet?

The sentence of last 20 December 2017 (lawsuit C-393/16) by the Court of Justice of the European Union pronounced on the limits of prohibition of use of a protected designation origin. The pronouncement will be appreciated by many agricultural and food field producers. Here is the legal matter. Concerning a litigation between the association of […]