Abril Abogados

(The following information was supplied by the firm)

Managing Partner: Ignacio Temiño Ceniceros
Number of partners: 5
Number of other lawyers: 22
Languages: English, French, Italian, Portuguese, Spanish

Firm Overview:
Established in the year 2001, Abril Abogados was soon to become a prominent professional law firm with a strong reputation providing legal and registration services in the field of industrial and intellectual property law. Based on the founders’ market experience and expertise acquired after years of work and training in this area, Abril Abogados has become one of the fastest-growing firms in the Spanish legal sector. The firm’s team has currently over 40 people working from five offices based in the major Spanish cities. Abril Abogados’ broad expertise as agents and attorneys at law entails the best service to clients, endeavouring at all times to achieve maximum protection and results in the most cost-effective manner.

Main Areas of Practice:

Trademarks
Commercial
Patent & Designs
Criminal Actions
Copyrights & Media
Data Protection
Technology Transfer
Valuation of IP Rights
New Technologies
Life Science
Litigation & Procedural
Product Compliance
Marketing & Advertising Law
Border and Customs Measures

Abril Abogados’ routine tasks include securing protection for any type of distinctive signs. The firm’s condition of both Spanish and EU Patent and Trade Mark Agents allows the firm to represent its clients before the competent Authorities.

EUTM:
The perfect combination of prosecution and advisory skills allow the team to excel in brand portfolio development; filing and prosecuting, through to enforcement; CTM litigation before national Courts and Luxembourg Courts.
Contact: Carolina Montero; Patricia Revuelta

Spanish, International & National Foreign TM:
Services include advising on trade mark filing strategy; prosecution; monitoring and defending trade mark rights; licensing and coexistence or settlement agreements; providing strategic advice relating to multi-national portfolios and interactions between jurisdictions.
Contact: Isabel García; Carolina Montero

Patents:
The combined know-how and experience of the firm’s Legal and Technical Departments allow the state of the art to be analysed and the best possible protection strategy to be designed. Abril Abogados’ clients in this area include both private and public enterprises engaging in research and development in such highly-specialised sectors as biotechnology, software and hardware, electronics, etc. The firm assists innovators in the drafting and prosecution of patents at both national and international level, as well as in patentability search reports risk, patentability and infringement actions and assistance in litigation proceedings. They also have valuable expertise in commercial viability (FTO), expert reports due diligence studies and in-depth evaluations of patents portfolios and in resolving disputes through amicable resolutions or through litigation.
Contact: Elena Mira; Carlos Baños.
Contact for Transactions: Salvador Díaz

Life Science:
The firm has built up a multidisciplinary team made of lawyers, attorneys and engineers specialised in Biochemistry, Pharmacy and Biomedicine able to provide its clients with a complete protection assessment within all the different stages of the investigation projects. The firms’ technical and chemical engineers have significant experience in participating in lawsuits as expert witnesses, and its’ lawyers regularly handle litigation matters in ‘life science’ subjects, e.g. generics.
Contact: Carlos Baños; Contact for Transactions: Ignacio Temiño

Copyright/Media:
The client base in this area is quite varied, ranging from individuals, such as authors, artists and composers, to sector groups, Internet companies, software programmers, publishers, producers, advertising agents, media, etc. Routine tasks in this practice area may range from catalogues and advertising audits, to drafting agreements and conducting complex negotiations with different local and foreign copyright collecting societies.
Contact: Rubén Canales

Data Protection/Privacy:
Due to its complex nature and to the fact that its regulations generally affect all market players, this field has doubtless become a branch of law in itself. Accordingly, the firm resolved to deal with it separately from other areas and delved into it in depth, consolidating an everevolving area that requires a diligent and professional assessment in which Abril Abogados provides a reliable professional service. Since GDPR imposes several obligations to all those that deal with personal data Abril Abogados provides to the clients’ comprehensive assessment. In this respect, Abril Abogados also acts as Data Protection Officer (DPO) in mandatory cases or when companies voluntarily wish to have such a figure as a preventive advisor
Contact: Ignacio Temiño; Rubén Canales

Litigation/Arbitration:
Abril Abogados has a long experience in acting and defending at court patent rights, author rights, trademark rights and the same. The firm’s team of litigators is specialised in drawing and conducting the best strategy case by case, applying their knowledge and practice in IP law to all contentious actions, including arbitration, mediation and settlement negotiations. Only the proper procedural background and instruction in the defense of these kinds of rights will enable the legal proceedings to be suitably addressed and the desired outcome achieved. The professional team endeavors to combine both facets.
Contact: Jorge Oria
Criminal Proceedings: Fernando Ortega

Valuation of Intangible Assets:
For most companies, the IP assets represent a high percentage of their value since their revenue, and sustainability is directly linked to intellectual property and intangible assets. Despite its importance, valuation of intellectual property, and valuation of intangible assets, generally, is still an emerging field. The team, in the belief that valuation of IP is increasingly important to business success, has specialised and has built up significant experience on the different types of intangible assets valuation
Contact: Carolina Montero

Product Compliance:
The team has wide experience compliance of products and services with Spanish standards and legal requirements (safety requirements, advertising, packaging, labeling, etc.). The more relevant conducted works were in the field of consumer products, alcohol and tobacco.
Contact: Rubén Canales

Marketing & Advertising Law:
The firm has consistently evolved assessing in Sponsoring and advertising works, in particular on the internetbased campaigns. The practice also covers very specific areas regarding the local Labelling of Products as well as contests and promotions. The firm also has wide experience in Procedures before Advertising Self-Control Entities and Consultation.

The firm is representing media companies, collecting societies, advertising enterprises as well as companies in the manufacturing, trade and service businesses relating to competition, patent and trademark matters. Members of GALA
Contact: Ignacio Temiño

Customs Procedure:
The legal team has a wide experience in dealing with the customs authorities (national, community and international) and helping the clients with the interventions by lodging applications with the Customs to take action against goods infringing intellectual property rights.
Contact: Fernando Ortega

Key Contacts

Managing Partner:

Ignacio Temino
[email protected]

Firm Rankings

IP
Band 2

8.5

IP: Copyright
Band 2

8.5

IP: Patents
Band 2

8.0

IP: Patents: Contentious
Band 3

7.0

IP: Patents: Prosecution
Band 3

7.0

IP: Patents: Transactions
Band 3

7.0

IP: Trademarks
Band 2

8.0

IP: trademarks: Contentious
Band 2

8.0

IP: Trademarks: Prosecution
Band 2

8.0

TMT
Band 3

7.0

Articles

Trademarks requested in bad faith

In terms of industrial property, it is increasingly common to find cases in which a brand of products or services that has achieved a certain recognition in the market is reproduced almost in its entirety by competitors who try to take advantage of its reputation. This legal concept known as “bad faith” is recognized in […]

“Pablo Escobar” blocked as a trademark

This past Wednesday, the General Court of the EU in Luxembourg maintained the rejection of the registration of the European trademark “Pablo Escobar” that had been determined by the EUIPO with respect to a wide variety of products and services. Originally, the application was filed on September 30, 2021 as a word mark before the […]

The EU approves long-awaited AI Regulation

The EU adopts the first law on Artificial Intelligence that has enjoyed broad support within the European Parliament and whose entry into force will take place gradually between 2025 and 2026. With this new standard, the EU aims to guarantee respect for the fundamental rights of its citizens, as well as the highest possible degree […]

Attention Companies! Telematic notifications of demands

As of March 20 (2024), a company will be able to receive notifications of lawsuits filed against it (be summoned) by telematic means. Prepared? This is one more of the measures intended to streamline our judicial system, after the approval of RD 6/2023. This measure breaks with a traditionalism established in our system of judicial summonses […]

Cookies or those small files that (almost) nobody knows what they are but make us uncomfortable on a day-to-day basis

A few days ago we woke up with an unexpected surprise when, when we went to review the news of the day on the internet, we were told that we had two options: Either we accepted the cookies that are installed on our computer and allowed advertisers to show their products or services while we read the […]

Victory for LEGO in IP Rights!

On January 24, 2024, the General Court of the European Union issued a crucial ruling in case T-537/22, concerning the intellectual property rights of the iconic LEGO play block. Since 2010, LEGO has enjoyed EU protection for its block design: In 2019, this protection was initially revoked by the EUIPO following a request from the […]

“I Want to Enter with Sneakers”: Legal Dynamics of Fashion and IP in the World of Sneakers

The universe of sports shoes or “ sneakers ” is not only a cultural and fashion phenomenon, but also a fertile field for legal battles in the field of intellectual property. This legal dimension is reflected in two recent cases that have generated significant debates. The first case, involving Scalpers and Adidas, highlights how the law interprets imitation […]

EU reach agreement on world’s first AI rules

he EU has managed to reach a consensus on global regulations on artificial intelligence (AI), launching the first legislative proposal of this type in the world, becoming a possible global reference for regulating AI in other jurisdictions. Although its full implementation is not expected until the end of 2026, the draft Regulation aims to ensure […]

Trademarks and patents registration improve the financing of STARTUPS

A new joint study by the European Union Intellectual Property Office (EUIPO) and the European Patent Office (EPO) finds that intellectual property (IP) rights are a significant factor in the success of European startups. The report shows that, on average, startups that apply for trademarks and patents rights prior to their initial seed or early growth stages […]

A Judgement to pay “moral damages” in cases of trademarks counterfeits, even if the fake products have not been marketed

It seems that the Spanish Supreme Court is willing to change the panorama that trademark owners have been facing when exercising their rights against counterfeits in Spain. In its judgment of 13 July 2023, the Court ratified the penalty imposed in previous instances on a private individual for trademark counterfeiting and to pay compensation for […]

Does the Whistleblower Protection Law affect your company’s personal data protection?

If your company has more than fifty employees, the answer is YES. With the entry into force of Law 2/2023, of February 20, regulating the protection of people who report regulatory infractions and the fight against corruption (hereinafter, Whistleblower Protection Law), it is transposed into the legal system. Spanish legal Directive (EU) 2019/1937 of the European Parliament and of the […]

Stream geo-blocking violates free competition in the EU

The General Court decides on the geo-blocking of video games by Steam to ensure the effectiveness of exclusive licenses between publishers and distributors. On September 27, the General Court issued a ruling that was at least interesting when weighing the inherent territorial nature of Intellectual Property and the principle of free competition recognized in Article […]

The Law of Protection Affects the Protection of Personal Data of your Company

With the entry into force of Law 2/2023, of February 20, regulating the protection of persons who report on regulatory and anti-corruption infractions (hereinafter, the Law on the protection of whistleblowers), Directive (EU) 2019/ 1937 of the European Parliament and of the Council, of October 23, is transposed into the Spanish legal system. on the […]

New Regulation of the Intellectual Property Registry

On July 11, Royal Decree 611/2023 was published, approving the new Regulation of the Intellectual Property Registry, which repeals the one approved by Royal Decree 281/2003. In our current Intellectual Property system, the registration of works has a mere declarative nature, since, as indicated in the Consolidated Text of Intellectual Property (LPI), the author’s consideration […]

EU-US Data Privacy Framework Program

On July 10, the  European Commission adopted its decision to adapt the EU-US Data Privacy Framework Program. The adequacy decision, which entered into force on the same day, concludes that the United States guarantees an adequate level of protection compared to that of the EU of personal data transferred from the European Union to US companies that […]

Domain Names: Whois Disclosure System

It is known that with the application of the EU GDPR in 2018, access to the whois of domain names became a problem. In the context of ICANN 75, the Whois Disclosure System (WDS) was discussed, which aims to create a system that, on the one hand, complies with the EU GDPR and respects the […]

ITALY – SPAIN: A Derby Played in the Metaverse

The courts of Italy and Spain dispute the palm of the first sentences related to the protection of intellectual property rights in Web 3.0. On the one hand, the Italian court issues the first European-wide ruling on NFTs (abbreviation of “non-fungible tokens”). On the other hand, Spanish jurisprudence begins to explore the world of the metaverse and […]

The safeguard measures of the Mobile World Congress extend to the metaverse…

The safeguard measures of the Mobile World Congress extend to the metaverse and other virtual spaces The next few days from February 27 to March 2, 2023, the MOBILE WORD CONGRESS will take place again in Barcelona. The Judges of the Mercantile Courts of Barcelona and Alicante (with competence in industrial property, among others) have once […]

What court is competent to hear a conflict between two nationals of the same EU state…

What court is competent to hear a conflict between two nationals of the same EU state to decide on the ownership of a patent filed in a third non-member country? On September 22, 2022, the Court of Justice issued a ruling (here) in a lawsuit in which two Swedish companies are facing each other over […]

The impact of the internet has created a new breed of lawyers

Rubén Canales from Jacobacci|Abril, speaks for Cinco Días about the technological revolution in the world of law and, in particular, in law firms. Technology is probably the most important revolution that law has experienced in recent years. Its appearance and impact has meant for Alejandro Touriño, managing partner of Ecija Abogados, two outstanding novelties. Read more

Report on Dangerous Counterfeits

The OECD (Organization for Economic Cooperation and Development), together with the European Observatory on Infringements of Intellectual Property Rights of the EUIPO (European Union Intellectual Property Office), have produced a new report on trade counterfeit products that pose risks to health, safety and the environment. This report is mainly based on the analysis of data […]

The General Court of the EU confirms the revocation of Apple’s trademark “THINK DIFFERENT”

On June 8, 2022, the EU General Court issued a ruling dismissing Apple’s appeal against the annulment of its “THINK DIFFERENT” trademark (joined cases T-26/21 and T-28/21). The procedure began in October 2016 when Swatch AG filed three cancellation requests for three European trademarks “THINK… Read more

The Spanish Supreme Court Denies Art Status to Football

In a recent ruling of the Supreme Court Plenary, it was confirmed that football cannot be considered an original work for the purposes of the Intellectual Property Law. Many people, when talking about football, may think of Maradona’s goal of the century in Mexico ’86 or Zidane’s volley in Glasgow, and refer to them as […]

A law against academic plagiarism, will it be the solution?

On February 25, Law 3/2022, on university coexistence, was published in the BOE, which qualifies academic plagiarism as a very serious offense, punishable even with expulsion. It is the legislator’s response to one of the most serious problems facing higher education in Spain today. Anyone who works in a university or training center, even if they […]

The CJEU recognizes fair compensation for private copying to cloud storage

The CJEU accepts the application of the private copying exception to cases in which a natural person user makes copies for private and non-commercial use by uploading protected works to a cloud storage service On March 24, the Court of Justice of the European Union resolved a relevant matter regarding copyright (Case C-433/20, Austro-Mechana), specifically […]

The impact of the internet has created a new breed of lawyers.

Rubén Canales from Abril Abogados, speaks for Cinco Días about the technological revolution in the world of law and, in particular, in law firms. Read more

Counterfeits Travel by Sea

The OECD (Organization for Economic Co-operation and Development) and the EUIPO have joined forces to jointly carry out a new study on counterfeiting, which, once again, yields chilling data (the study here ). More than half of the total value of counterfeits traded globally are transported in containers by sea . This is due to the logistical facilities offered […]

“Figures & Letters” Actors or presenters?

That copyright does not protect ideas, principles or methods is widely accepted and known, and is even recognized in various international treaties and conventions such as TRIPS (TRIP’S IN ENGLISH), or the WIPO Treaty on Copyright ( WCT). Now, are interventions in television programs subject to protection? The answer to this question is precisely what has […]

Are your brands prepared for the METAVERSE?

Mark Zuckerberg’s recent announcement that his most popular social network will be renamed META caused most of the population to hear the word metaverse for the first time . Google was filled with queries about what the metaverse consisted of and, those who already knew what it was (or what it will be, or what it pretends to be) began to […]

Advertising Crypto Currencies in Spain Is Now Subject to Administrative Control

Earlier this year a local crypto exchange, Bit2me, deployed a massive campaign promoting bitcoin in Madrid and Barcelona. The firm put over 800 posters across the Spanish capital city, and some of them very close to the CNMV headquarters (the Capital Markets’ Spanish authority). The situation has indeed been worrying to the Spanish economic authorities […]

“Cifras & Letras” Performers or presenters?

Copyright does not protect ideas, principles, or methods. This is a widely accepted and well-known principle, which is even recognised in various international treaties and conventions such as the TRIP’S or the WCT. But are appearances on TV programmes subject to protection?   The answer to this question is the one that gave rise to […]

Apple Touch, Face ID and iPhone Wallet could be infringing at least three USA patents

The biometric identification and payment systems of the Apple Touch, Face ID and iPhone Wallet could be infringing at least three USA patents. This is the core of the claim filed last February 23rd before the Western District de Texas (USA) by the Australian Patent Assertion Entity (PAE) by Cpc Patent Technologies PTY Ltd.   […]

The Supreme Court confirms that a bullfight is not a copyrighted work.

The Supreme Court’s judgment of 16 February 2021 concludes a long procedure initiated in 2014, as a result of the refusal of the Territorial Registry of Intellectual Property of Extremadura to register a bullfighter’s bullfight as a work. Following this refusal, the bullfighter initiated legal proceeding in order to have the refusal revoked. However, after […]

Brands in Times of Pandemic.

Spain, December, 2020 The terrible disease that is hitting us worldwide has also another face in terms of business opportunities. In the industrial and intellectual property sector, the first thing that comes to mind are the multiple developments in the field of medical-scientific research against the clock fight for the pandemic vaccines, medicines, smart tissues, […]

Press Releases

Jacobacci Abril launches a new “Meeting Online” service

Jacobacci Abril launches a new “Meeting Online” service through which you can arrange interviews with the professional you need. The meetings will be held on the day and time selected by the client via Meet . To do this, the Jacobacci Abril professional with whom you wish to hold the video conference will contact you beforehand and send […]

01 Sep 2022
Jacobacci & Abril: We have completed our makeover

Dear Clients and Friends, As a consequence of the integration process that we began in 2020 with the Jacobacci Group, this April, coinciding with our 21st anniversary, we have completed our image change and updated our email addresses, website (now www.jacobacci- april.com ) and social networks in line with the new brand “JACOBACCI & ABRIL”, under which […]

05 May 2022

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