Category Archives: Trademarks & Design

The EU Court confirms that the Pablo Escobar trademark cannot be registered in the EU

Foto di Wesley Tingey su Unsplash

With decision of April 17th 2024, the EU Court definitely rejected the application for registration of the EU trademark PABLO ESCOBAR because considered contrary to public policy and accepted principles of morality. The case and the EUIPO decision On September 30th 2021, Escobar Inc., company founded by Pablo Escobar’s brother, requested the registration of the […]

Lawful uses of others’ trademarks: the Zara case

usi leciti di marchi altrui

The Court of Justice of the European Union (CJEU), on January 11th 2024 decided upon the interpretation of a rule relating to the use of trademarks of third parties as part of a case pitting the Spanish company owner of the “ZARA” trademark against an information service provider who launched an advertising campaign where the […]

Trademark filed in bad faith: EUIPO’s recent decision

The Cancellation Division of EUIPO has recently decided on the invalidity of the European figurative trademark no. 18118853 having as object the famous Banksy work called “The Flower Thrower”. Banksy’s “Flower Thrower” Trademark The application for invalidity, based on the applicant’s bad faith as well as on the descriptiveness and/or non-distinctiveness of the sign at […]

Rubik’s Cube and the non-registrability of the related 3D trademark

3D trademark Rubik's Cube

With decision of 20 October 2023 (case r 850/2022-1), the first Board of Appeals of the European Union Intellectual Property Office (EUIPO) confirmed the decision of the Cancellation Division, establishing the invalidity of the three-dimensional trademark constituted by the famous Rubik’s Cube. The first decision of the EUIPO Cancellation Division The “magic cube”, invented in […]