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 […]
European Observatory on Infringements of Intellectual Property Rights.
In the globalised and digitalised era of the 21st century, creativity, innovation and entrepreneurship are the central pillars of European economic, cultural and social wealth. In this context, the protection of intellectual property (IP) rights becomes essential. The European Observatory on Infringements of Intellectual Property Rights, part of the European Union Intellectual Property Office (EUIPO), […]
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 renewal as a key element of success
According to Law no. 84/1998 on trademarks and geographical indications, republished, the registration of a trademark takes effect from the date of the regulatory filing of the trademark and has a validity of 10 years. After the expiry of this period, renewal of the trademark becomes an essential step in the management and protection of […]
How to choose a strong brand/trademark?
The success of your business can be an indication that your brand is commercially strong, as the nature of a brand, especially its relative strength or weakness, will have a direct influence on its market performance and scope of legal protection. A ‘strong’ trade mark is a trade mark which has a highly distinctive character, […]
Elvis Presley versus BrewDog: How far would you go to protect your brand?
As consumers, we meet a multitude of well-known brands in the food and beverage sector on a daily basis. Whether it’s choosing cereal or morning coffee, or choosing specific ingredients and garnishes for the evening meal. It therefore goes without saying that intellectual property protection for your food and drink business is vital, as it […]
The Forbidden Fruit of Intellectual Property: When a Universal Symbol Comes into Dispute
Apple v. Fruit Union Suisse Case When you think of tech company Apple, do you think of that iconic logo — the silhouette of an apple with a bite out? Well, Apple owns the trademark for this logo, which means it has the exclusive right to use it. In Switzerland, the company is now trying […]