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LIKELIHOOD OF CONFUSION BETWEEN THE TWO EU TRADEMARKS: OSBORNE AND BADTORO

On September 20, the General Court of the European Union (hereinafter the “TGUE” or “General Court”) ruled against Group Osborne, S.A. (hereinafter “Osborne”), which had obtained a positive decision related to its claim before the EUIPO (European Union Intellectual Property Office) for the revocation of the registration of the figurative mark “Badtoro” by Jordi Nogués, S.L. Jordi Nogués, S.L. applied for…

EXHAUSTION OF TRADEMARK, RIGHTS UNDER VOLUNTARY FRAGMENTATION OF PARALLEL RIGHTS

The issue of exhaustion of rights conferred by a trade mark in the context of the fragmentation of parallel rights with the same origin, which was supposed to be closed by the judgment of the EC on the IHT INTERNATIONALE in 1994, is back.  A request for a preliminary ruling concerning the interpretation of article 7 (1) of Directive 2008/95/EC on…

NEW FORM 232: INFORMATIVE TAX DECLARATION REGARDING RELATED TRANSACTIONS, AS WELL AS THE TRANSACTIONS AND FINANCIAL SITUATIONS RELATED TO COUNTRIES OR TERRITORIES CONSIDERED AS TAX HAVENS

The Official Gazette of the Government of Spain, dated 30 August 2017, published the Order HFP/816/2017 of 28 August, approving form 232 for the informative tax declaration regarding related transactions, as well as the transactions and financial situations related to countries or territories considered as tax havens. For tax periods beginning on or after 1 January 2015, a comprehensive and…

INTERNATIONAL LAND TRANSPORT, RESPONSIBILITY FOR LOSS OF GOODS AND WILFUL MISCONDUCT

PUNTO FA, S.L. hired the services of a transport company TRANSNATUR, S.A. for the road transport of textile goods from SPEDICAM LOGISTIK GMBH’s facilities, in the German city of Nuremberg, to the facilities of JEVASO, S.L., a company in Arteixo, La Coruña. TRANSNATUR, S.A. outsourced the transportation of said goods to its correspondent company in Germany, SPEDICAM LOGISTIK GMBH, which…

TRADE MARK REGISTRATION IN THE EUROPEAN UNION VS. BUSINESS ACTIVITY

This article shall examine the recent judgment of the European Court of Justice (ECJ) regarding the registration of trade marks which may generate confusion among consumers and the sector of the business activity of the companies who have registered said trade marks. The matter revolves around a specific EU trade mark “LAGUIOLE” registered for numerous products and services. Said application…