Can a domain name infringe your trademark? About ICANN, domain disputes, and your rights.
Have you ever thought that a domain name could infringe on your intellectual property rights, just like a logo or trade name can? Imagine investing time and resources to build a recognizable brand, only to discover that someone has registered a domain name that includes your brand. For example, your trademark “Green Zebra®” could be […]
Manolo Blahnik and the legal dispute in China: The “trademark squatting” phenomenon.
Manolo Blahnik, the British luxury footwear brand, became famous thanks to its fans among celebrities and frequent appearances in the series “Sex and the City”. Founded by Spanish designer Manolo Blahnik, the brand is recognized for the elegance of its shoes, becoming a symbol of refinement in women’s fashion. However, for more than two decades, […]
Zicaffe v. Zacaffe: : Trademark conflict between ZARA and a Sicilian café
The trademark landscape is often marked by disputes as established brands expand into new industries. One such case, which attracts attention, involves Inditex, Zara’s parent company, and the Sicilian coffee roaster Zicaffe. The conflict arose after Zara filed an application for registration of the ZACAFFE trademark with the European Union Intellectual Property Office (EUIPO), prompting […]
The importance of trademark renewal.
Renewing and maintaining a trademark is an essential step in ensuring continued brand protection. According to the Trademark Law (Law 84/1998) the registration of a trademark takes effect starting from the date of the regulatory filing of the trademark and has a validity of 10 years. After this deadline has expired, trademark renewal becomes an […]
What to do in case of receiving a provisional refusal notice from OSIM?
Obtaining a trademark can be a crucial step to the success of a business. However, sometimes the applicant may receive a notice of provisional refusal from OSIM (State Office for Inventions and Trademarks), signaling that your application does not meet certain legal conditions. In such situations, it is essential to address this issue appropriately, taking […]
Practical aspects regarding the assignment of the trademark registered at EUIPO. Total vs. partial assignment.
Assignment of a trademark is the process by which the owner of a trademark transfers ownership rights over it to another party. The transfer of rights may be made for consideration (against a price), free of charge, or by donation or will. This process may involve the assignment of the trade mark in its entirety […]
Trademark licensing
Trademark licensing, also known as “leasing” the trademark in the common language, is a mechanism for transferring trademark rights. Unlike the cession of the trademark, the mechanism by which the owner of a trademark permanently and unlimitedly alienates its rights over the trademark, through licensing the owner retains ownership of the trademark and part of […]
Differences between trademarks, business names and domain names
The registration of business names, domain names and trademarks occurs on separate and unrelated registers that are not officially cross-checked against each other. That’s why it’s very important to firstly know the difference between them and to know how to proceed afterwards. The main purpose of registering a business name is ultimately to ensure that […]
