Category Archives: Trademarks & Design

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 […]

The EU Court of Justice expressed itself on the Exhaustion of the rights conferred by a trade mark: the Schweppes case

Art. 7 (1) of Directive 2008/95/CE of the European Parliament and of the Council of October 22,2008 on the Harmonization of national laws of member countries relating to trademarks , recorded as Exhaustion of trademark right states that: the trade mark right shall not entitle the proprietor to prohibit its use in relation to goods […]

Coloured trademarks: clarifications by the General Court of the European Union in the light of the precision and consistency criteria of art. 4 of Regulation no. 207/2009

Through a ruling of 30 november 2017 in Joined cases T-101/15 e T-102/15 the General Court of the European Union clarified the methods for the valid registration of a colour or a combination of colours as a trademark. The subject of the case-in-point were the EU coloured trademarks registered by Red Bull GmbH shown below: […]