New administrative procedures for revocation and invalidity of trademarks in Spain for 2023.
Spain was one of the last countries to transpose European Directive 2015/2436 of 16 December 2015 to approximate the laws of the Member States relating to trademarks. The delay in transposition and the risk of receiving a fine forced an accelerated legislative process, through an emergency procedure that culminated in Royal Decree-Law 23/2018, which not
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Abril Abogados and Jacobacci Group join forces in Spain
On February 12, April Abogados and Jacobacci & Partners agreed to integrate their respective offices in Spain. The union reached with the Jacobacci Group will allow us to continue growing as a highly qualified firm but having now a European network of sixteen own offices a team of more than one hundred professionals and
GALA: Ignacio Temiño, Commercial Brochure not Protected by Copyright in Spain
Copyright is not an exact science, it depends on the particular features of the author’s work, we all know that. However, some works are more difficult to judge than others, and the opinion about its legal protection may change from our court to another….
Carolina Montero in Expansión: How to register a “hashtag” to strengthen your brand
For Carolina Montero, a lawyer specializing in industrial property at Abril Abogados, this type of registration “can be a very useful marketing tool for certain advertising campaigns, to promote products and services of certain brands.
Expansión: How do fictional characters outlive their authors
Ignacio Temiño, managing partner of Abril Abogados, highlights another relevant issue in this type of case. “One aspect to take into account is that fictional characters will enjoy protection as long as they are well defined and have their own peculiarities and characteristics that make them unmistakable in the eyes of the general public”.
El Derecho: Experts in the sector give their opinion on the new Patent Law
The new regulation on patent matters came into force on April 1 with some novelties such as the establishment of a single granting procedure that entails the reduction of administrative burdens or the suppression of additions to patents as they have little practical use, among other changes introduced.
Expansión: Why Cristiano Ronaldo could profit from his celebrations
… Ignacio Temiño, managing partner of Abril Abogados, is also convinced of the possibility of carrying out these two registries, although he believes that the movement registry could be somewhat more complicated, as it is a less frequent type of registry and to which the team tends to object more…
Ignacio Temiño in Cadena Ser: Plagiarism in the academic field, a growing problem?
Víctor Gómez, Rey Juan Carlos university student and president of the Rise-up student association recounts the mobilization of part of the student body in the face of the rector’s scandal.
Expansión: Legal battle for the image rights of tobacco packs
“I do not doubt the difficulty of the case, but I do not quite share the result. In this matter, the conflict affects fundamental rights and the Commission must ensure a reasonable balance in the prosecution of cases, so that no one is discriminated against”.
Alvaro Ramos in Actualidad Jurídica Aranzadi: Novelties 2016 in Privacy and Cybersecurity
The approval of the new General Data Protection Regulation (GDPR) It will mean a big change for all companies that process personal data.
El Derecho: Intellectual Property Notebook with the latest news on the subject
The Intellectual Property Notebook gathers the opinion of some of the top experts on Intellectual Property in our country. The work includes the articles and opinions of professionals and specialized offices such as Abril Abogados.
Jorge Oria in Expansión: What law does Google’s autonomous car need to circulate in Spain
For Jorge Oria, a lawyer from the firm Abril Abogados, this step, although it may seem anecdotal, is essential to better understand the phenomenon and the problems that may arise from this technology.
Ignacio Temiño: Some notes on plagiarism
The first use referred to plagiarism as a behavior of appropriation of the intellectual creation of others is attributed to the Roman poet Marcial, who suffered the “theft” of several of his epigrams.
Ignacio Temiño in RTVE
History is full of literary plagiarism. Ignacio Temiño, an expert in intellectual property, explains in detail what plagiarism is, how to detect it and what to do in the face of this violation of copyright.
Abril Abogados in Legal Today: The Trade Secrets Protection Directive comes into force
Directive (EU) 2016/943 of the European Parliament and of the Council of June 8, 2016, on the protection of undisclosed know-how and business information (trade secrets) against obtaining, illicit use and disclosure (hereinafter the Trade Secrets Directive) enters into force on July 5, giving Member States until June 9, 2018 to transpose it into their
Ignacio Temiño live on the Jose Recruiter BBTV channel
Next Thursday, June 23, Ignacio Temiño will participate live on the Jose Recruiter BBTV YouTube channel, commenting on the legislation applicable to software.
Abril Abogados in Expansión: Doubts about the judicial protection of “star brands”
The lawyer from Abril Abogados has no doubt that this type of decision serves to set a precedent, to which well-known trademarks will cling to defend their distinctive signs.
The Law: Commentary on the judgment of the National Court in the Youkioske case by Rubén Canales and Ignacio Temiño
This article comments on the ruling issued by the Criminal Chamber of the National High Court on February 5, 2016 in the matter of the illegal download website “youkioske”.
Law firms analyze the evolution of intellectual property
The Law, on the day that the International Intellectual Property Day is celebrated, and coinciding with the activities organized by the World Intellectual Property Organization (WIPO), answers these questions by consulting the main experts in the field. Link here.
Ignacio Temiño in Expansión: Scented brands arrive
Ignacio Temiño comments for expansion the entry into force of the Community Regulation.
Carolina Montero in Lexology: The K-Swiss Stripes
On December 4, in the judgment of case T-3/15, the General Court confirmed that the K-Swiss trademark application consisting of two series of five parallel lines lacked distinctive character.
Jorge Oria in Lexology: Bankrupted? No valid reason to stop using your trademark
The Spanish High Court has recently issued a decisión (cassation appeal) confirming that insolvency proceedings are not a valid reason to justify non-use of a trademark. It is the 22nd December ruling.
Fernando Ortega in Lexology: RED BULL vs. OSBORNE
On December 9, 2015, the 3rd Chamber of the Supreme Court has issued a sentence whose outcome has caught our attention.
Ignacio Temiño in Managing Intellectual Property: Spain Cracks down on IP crime
Changes to the Spanish criminal code, related to online piracy, copyright infringement and anti-counterfeiting activities, together with big operations conducted by the authorities will change the way the country tackles IP crime […]
Find out if your WiFi is being stolen – El País: Jorge Oria
Find out if your WiFi is being stolen in two steps and how to avoid it: “The theft of WiFi represents an administrative offense punishable by a financial penalty only when it exceeds 400 euros in billing, explains Jorge Oria of the Abril Abogados office.”
Abril Abogados in Legaltoday: Alvaro Ramos Suárez, Lego miniature figures consolidate as three-dimensional brands
Lego gets the Court of Justice of the European Union to dismiss the annulments against its three-dimensional trademarks corresponding to the miniature figures, specifically the Community Trademark 50518 and 50450, represented below.
Abril Abogados in Legaltoday: Alvaro Ramos Suárez, Advances in the new Community Data Protection Regulation
After three years of negotiations, this regulation proposal will now be submitted to the corresponding round of talks with the European Control Authorities, but it is expected that it will be definitively approved before the end of 2015.
Plagiarism in Copyright: New book by Ignacio Temiño Ceniceros
The work offers an in-depth analysis of plagiarism in the light of Spanish civil and criminal law, examining the most controversial issues, with an in-depth study of Spanish and foreign jurisprudence and from a current and practical perspective that takes into account legislative changes. latest on the subject.
Abril Abogados in Legaltoday: Alvaro Ramos Suárez, Denominations of Origin
On May 12, Law 6/2015 on Protected Designations of Origin and Protected Geographical Indications of a supra-autonomous territorial scope was published, entering into force twenty days after its publication in the Official State Gazette. This regulation establishes a single legal regime for both Protected Designations of Origin.
Abril Abogados in the First Edition of the Advanced Lawyer Program in House organized by iiR Spain and Comillas Pontifical University
Ignacio Temiño will participate in the First Edition of the Advanced Lawyer Program in House organized by iiR Spain (Institute for Research Resources) and Comillas Pontifical University, which will be held on October 1, 2, 22 and 23, 2015, in Madrid. Ignacio, will teach the Industrial and Intellectual Property module.
Jorge Oria in Actualidad Jurídica Aranzadi: The disappearance of coverage marks in Spanish practice
The ruling of the Supreme Court in the DENSO case of October 14, 2014 constitutes the official death certificate of the doctrine of coverage marks in Spain, in force in the jurisprudence for almost 100 years since its appearance in article 273 of the already disappeared Industrial Property Statute of 1929. Thus, the ownership of
Ignacio Temiño in La Ley: Commentary on the judgment of the National High Court of March 5, 2015, Youkioske case
The sentence that is the subject of this comment is the most relevant that has been handed down in Spain in recent years against digital piracy, and probably the one that imposes a greater sanction, as the defendants are sentenced to six years in prison. It is a decision that analyzes in depth the elements
Preliminary Question: Recordings in private homes that film the public thoroughfare are not considered domestic
Legal News Aranzadi, num. 897, January 8, 2015. Álvaro Ramos Suárez The Court of Justice of the European Union, in response to a preliminary ruling, considers that the recordings made by security cameras in private homes that film part of the public thoroughfare do not constitute data processing carried out in the exercise of exclusively
Jorge Oria in Legal News Aranzadi
The Judgment of the AP of Madrid of May 5, 2014: some basic concepts in Industrial Property and Unfair Competition.
Ignacio Temiño in eldiario.es
¿Por qué se llama Apple Watch? En parte, porque Tim Cook no quiere líos. …In order to have the right to a trademark, it must be registered in the competent national office and, for this, nobody must have done it before in that same place, he explains to HojaDeRouter.com the industrial property lawyer Ignacio Temiño…
Alvaro Ramos Suárez in Thomson Reuters
The Supreme Court has declared null the dismissal of a supermarket cashier who was recorded by security cameras avoiding the scanning of various products for the benefit of a buyer (See communication from the Judicial Power).
Ruben Canales on the CEDRO blog: Authors and publishers against the LSSI
Alvaro Ramos in Actualidad Jurídica Aranzadi
The creation and commercialization of P2P file sharing programs is legal: Soto Case.
The Innovation, Technology & Intellectual Property recommends Abril Abogados
Ignacio Temiño, Carlos González Valdés and Salvador Diaz Prades referenced by MagDecideurs.
Alvaro Ramos in El Correo
Alvaro Ramos comments on the ruling of the CJEU that considers that Google must remove links to information published in the past if it is proven that they harm a citizen and are no longer relevant.
Publication of the second issue of Rose magazine with which Abril Abogados collaborates
The second issue of Rose magazine, created mainly for women cancer patients, has been published. From Abril Abogados we provide legal advice to the magazine.
Expansión: law stars
Our partner Carlos González has been named an eminent partner by Chambers.
The new European Data Protection Regulation could arrive in the first half of this year. Lexology
The European Parliament proposes updating the data protection regulations through two proposals.
Abril Abogados in Lexology
The General Court rejects two new positional Community Trademarks.