Risk of brand confusion The registration of “Spanish brand” in the Spanish Patent and Trademark Office, or “community trademark” in the OHIM, grants the owner the right of exclusive use. By virtue of this right, you may prevent third-party competitors with the same product or service from using the signs or trademarks that have been […]
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The importance of the “dominant element” in wine brands Wine brand conflict. The importance of the “dominant element” In previous articles we have delved into the study of the trademark conflict between wineries and wine cooperatives, always focusing on the criteria used by the courts when making a comparison of two brands. Precisely because it
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How do I protect my Trademark? Frequently when a project is undertaken or a new idea is developed, an attempt is made to make it unique and that is where the need to create an image that differentiates it from others is born. other commercial actors. At this point, one of the first acts carried
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Can a competitor’s name or logo be used if it is not registered as a trademark? The Spanish trademark registration before the Patent and Trademark Office, or a European trademark before the OHIM, must be considered as free access for any natural or legal person. The administration will not oppose the registration, if there is
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Does the Intellectual Property Registry protect authors? This is the question that the author of any literary, artistic or scientific work can ask himself. Registration in the Intellectual Property Registration is not mandatory. The Law protects the author, without any prerequisite, for the mere fact of having created his work as long as it
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Assignment of copyright How to contract the transfer of copyright? The Intellectual Property Law (“LPI”) proclaims the full freedom of authors to transfer the economic rights of their works. The most common way used by authors to make their work economically profitable is to agree to the assignment by contract of their exploitation rights. The
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Risk of confusion in wine brands h1 style=”text-align: justify;”>Wine brand conflict. The risk of confusion The analysis of two brands is not understood, in order to determine a possible conflict between them, without making an assessment of the risk of confusion between them. It is undoubtedly the fundamental concept to take into account when we
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