Software and Industrial Property: New Judgement from the EU Court. On 1 October, the General Court upheld the EUIPO’s decision that declared the European Union trademark “TEAMPLAY” as partially invalid, which is owned by Siemens Healthineers, on the grounds of likelihood of confusion with the Czech national trademark “TEAMPLAY”, owned by Sunware s.r.o. The resolution…
DetailsThe GC confirms that a PDO is protected even against different products. The General Court has ruled in favor of the Protected Designation of Origin (PDO) “Prosecco” affirming its protection against the trademark “PriSecco” The case arose after the EUIPO invalidated the “PriSecco” mark for non-alcoholic beverages, citing that it improperly evoked the…
DetailsImplementation of industrial property precautionary measures in civil courts. October 01, 2025 The implementation of precautionary measures in industrial property matters through civil proceedings poses a significant problem: according to the Commercial Code, the use of trademarks on goods or services in commerce is a commercial act, and therefore the applicable precautionary measures must be…
DetailsDoes that ring a bell? The GC contradicts the EUIPO´s criterion for registering an auditory trademark. Judgment of the General Court (Second Chamber) on 10 September 2025 (Case T-288/24) The EUIPO refused to register a two-second ‘jingle’ as a trademark on the grounds that the sound in question was merely functional, whose purpose…
DetailsInitiative to reform the Federal Law for the Protection of Industrial Property. September 18, 2025 The Initiative for the Bill to amend and repeal various provisions of the Federal Law for the Protection of Industrial Property in the Field of Technology Transfer and to Simplify the Patent and Registration Process was published in the Senate…
DetailsThe TJEU overturns a ruling by the General Court that dismissed an appeal on the grounds of lack of representation. It confirms that the partners of a law firm can represent it before the EU courts if the requirement of independence is respected. The judgment of the TJEU (Grand Chamber) of September 4, 2025…
DetailsNew judicial criteria regarding the deadline to request revocation of a trademark registration. September 03, 2025 On August 7, 2025, the Regional Plenary Court of Administrative and Civil Matters of the Central-North Region, located in Mexico City, resolved the Contradiction of Criteria 212/2024, in which it was discussed whether Articles 225 and 226 of the…
DetailsJudgment Lotus Bakeries. Doctrine developed regarding the registrability of colour marks On February 22, 2022, Lotus Bakeries filed an application with the European Union Intellectual Property Office (EUIPO) for the registration of an EU trademark in class 30 (Biscuits; Cakes; Confectionery; Fondants (confectionery); Gingerbread; Pastry (industrial); Speculoos (caramelised biscuits); Coffee; Chocolate; Waffles; Creamy ice creams; Ice cream; Chocolate; Chocolate Products.) to protect the following sign: After the corresponding exam, the…
DetailsThe Declaration of Protection of the Geographical Indication ” Wines of the Wine Region of Querétaro” August 20, 2025 Recently, the Mexican Institute of Industrial Property (IMPI) published the Declaration of Protection of the Geographical Indication, Wines of the Wine Region of Querétaro in the Official Gazette of the Federation. This Declaration is the first…
DetailsStrong protection for PDOs the SPTO declares the revocation of the trademark VARNACIA 1321 The Spanish Patent and Trademark Office has granted an appeal filed against the decision that rejected a request to revoke the trademark VARNACIA 1321 (no. 4170062, class 33), which was registered as a wine under the PDO Vernaccia di Oristano. …
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