In a breakthrough decision the Madrid High Court has ordered the Spanish PTO to resume prosecution of a patent application whereby the applicant did not request the search report in the 15 months following the patent application.
In its judgment of 6 March 2014 the Court of Justice of the European Union ruled on the conditions to be fulfilled for a declaration of revocation of a trademark due to loss of distinctive character.
User representatives have welcomed the proposal that all European Union trademark offices offer an administrative cancellation/revocation procedure. However, for countries like Spain, which do not offer such a system..
On 25 February 2014 the European Parliament gave its approval to the Proposal for a Directive to approximate the laws relating to trade marks where new provisions intend to end the freedom of transit of counterfeit goods.
The reference to damages, which has been transposed in Article 66 of the Patents Act has caused particular problems in Spain where case law has traditionally held that damages must be “real and effective” and strictly limited to those that are proven
The General Court decided in joined Cases T-604/11 and T-292/12 that two marks, although phonetically identical, could be considered different due to the figurative elements.
Conference about patent valuation methods.
ELZABURU is involved, within the framework of Operation Opson III, in the pursuit of a criminal organization engaging in the production and distribution of counterfeit French champagne originating in Italy.
The long-awaited judgment of the CJEU in the Svensson case regarding internet links
The user will certainly be able to buy it. But may never end up receiving it: on entry of the counterfeit product into the EU territory the Regulation relating to the seizure by customs authorities of goods suspected of infringing IP