Curell Suñol

Context Criteria for determining the possibility of patenting inventions, in which Artificial Intelligence (AI) has been used to assist in the creation of the invention are gradually emerging and consolidating. In February 2024, the United States Patent and Trademark Office (USPTO) published a guidance for Artificial Intelligence (AI)-Assisted Inventions, aimed at providing indications to both […]

The Court of Justice of the European Union (CJEU) has just answered the question referred for a preliminary ruling by the Spanish Supreme Court in the context of infringement proceedings concerning the trademark ZARA, which have been pending before the Spanish courts for more than 10 years. In fact, the process started so many years […]

Mobile World Congress (MWC) is the world’s largest and most influential congress for the mobile and connectivity industry. It brings together the latest innovations and leading-edge technology alongside the world’s most influential leaders and thinkers (https://www.mwcbarcelona.com/). This year’s edition will be held again at the Fira Gran Via in Barcelona from February 26 through February […]

Sound marks Sound marks are those made up exclusively of a sound or combination of sounds. Some examples are the famous McDonald’s jingle “I’m loving it” or the Mercadona supermarket melody. As with any other type of trademark, the prerequisite for the registration of a sound mark is that the sound alone possesses distinctive character, […]

AI and Intellectual Property Every day, news about Artificial Intelligence (AI) fills the media, often highlighting negative aspects, such as the creation of fake photographs of celebrities or even strikes by screenwriters in Hollywood demanding protection against AI. However, rather than succumbing to the usual pessimism, we will focus here on an overview of how […]

Different figures have appeared in the last few years, known as streamers, content creators, Youtubers, Tiktokers, etc. broadly referred to as influencers but, who are these influencers, and why do they matter so much? Influencers engage audiences that follow them through all over the social media channels. They can become powerful brand advocates by raising awareness for brands and make […]

Consumers’ actions and decisions today are certainly determined by many psychological, sociological, and cultural elements. This is the reason why companies are more and more concerned about these issues and are trying to take actions by actively being involved in social movements. Well-developed brand activism, because it agrees with the main values or vision of […]

In early May, the EU Parliament and Council concluded a political agreement to protect geographical indications (GIs) for  craft and industrial products, such as ceramics from La Bisbal or from Talavera, embroidery from Lagartera, inlaid pottery from Granada, damascene from Toledo, cuckoo clocks, etc. Currently, although some EU countries do protect these types of GIs, […]

Plausibility, sufficiency, and inventive step in patents In the field of intellectual property, the term “plausibility” is commonly used to refer to the “trustworthiness” or “credibility” of an invention claimed in a patent application. While its origin is still in discussion among experts, the concept of “plausibility” appears in the Case Law of the European […]

Sometimes, when a client asks us to register a trademark, the sign to be registered, though attractive in marketing terms, is weak in terms of distinctiveness. The lack of distinctiveness of these marks is mainly because they are descriptive of the quality, quantity, characteristics, intended purpose, type or size of the goods or services they […]

The Court of Justice of the European Union (CJEU) has recently issued a new decision (C-684/21; 02/03/2023) on the question of how to determine whether a feature of appearance of a registered design is solely dictated by its technical function. This is an important topic affecting the validity of registered designs in Europe. Indeed, according to […]

Background In November 2021 we announced on Curell Suñol’s blog that Banksy lost his EU trademark number 12575155  (the flower thrower) and, subsequently, in another article in February 2022, we explained that the nightmare continued because other EU trademark registrations were declared invalid as well, all of them having been applied for in the name of Pest Control […]

Pharmacies have changed a lot through years and have developed into shops where consumers navigate in an avalanche of products (medicinal, dietary, hygiene, etc.) which can be easily interconnected and used in the same treatments -but with different focus-as they are all intended to improve health. So, is there a clear boundary between all these […]

Transitional measures for the forthcoming entry into force of the Unitary Patent The Unitary Patent is expected to enter into force on 1 June 2023, with unitary effects in all the Member States of the European Union participating in the system. Currently, Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, […]

Directive 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trademarks provides in Art. 45 that Member States shall provide for an efficient and expeditious administrative procedure before their offices for the revocation or declaration of invalidity of a trademark. On 14 […]

If there is one topic that everyone is talking about, it is the metaverse. This term, which seems futuristic, appeared 30 years ago in the science fiction novel Snow Crash (1992), where Neal Stephenson describes a type of collective virtual space, compatible with physical reality, which he calls the metaverse (“beyond the universe”). To define it clearly, one […]

The Ukrainian Intellectual Property Office (UIPO) is working around the clock to secure the intellectual property rights (IPRs) system in the country. On 24 February 2022, the Martial Law was introduced which, among other things, establishes a safety framework in case certain deadlines affecting IPRs cannot be respected, considering that circumstances of “force majeure” are […]

At CURELL SUÑOL we have completed a series of courses on cybersecurity to make members of our organization aware of the risks associated with the use of computer and telematic tools, as well as web browsing and cell phone use. The aim was also to make them understand the prevention and protection measures adopted by […]

The government of Iraq deposited its instrument of accession to the Patent Cooperation Treaty (PCT) on the January 31, 2022, before the WIPO. With the entry into force of the treaty on the April 30, 2022, Iraq will become the 155th member of the PCT system. Any international application filed on or later than that date will include the designation of Iraq. […]

This 14 January marked two years since the entry into force of Decree-Law 23/2018 amending the Spanish Trademark Law 17/2001 (LM). Among other amendments, the possibility was included for the applicant, as way of defense, to require the opponent to submit evidence of use of the opposing trademarks or to justify their lack of use, […]

Human creativity is very much present when a trademark is devised. The wide range of signs used to distinguish our products from those of competitors in the market may be found in the type of trademarks which are filed. Apart from the traditional trademarks consisting of a name and/or a graphic, there are also the […]

The Government of the United Arab Emirates deposited its instrument of accession to the Madrid Protocol with WIPO on 28 September 2021 and it will enter into force on 28 December 2021. The number of Contracting Parties of the Madrid System is now of 109, covering 125 countries. A list of members of the Madrid Union […]

Everyone is talking about the “resurrection” of Lola Flores as well as about the “making-off” of the new commercial of @cruzcampo, but… What about the artist’s image rights? *image extracted from the video of the making-off of the commercial, link below. All rights reserved. It is amazing to see the things that can be done […]

With the rise of environmentalism and awareness to take care of the planet, the popularity that alternative products to milk of animal origin has reached is an indisputable reality. One of the beneficiaries of this trend is the Swedish company Oatly, specializing in oat-based dairy substitutes and whose consumption has spread significantly. In fact, Oatly’s […]

The Spanish expression “El Clásico” was conceived to designate the world-famous match between Real Madrid CF vs FC Barcelona that is repeated at least twice annually in Spain’s national football championship organised by Liga Nacional de Fútbol Profesional (LaLiga). But does “El Clásico” possess distinctiveness to serve and be registered as an EU trademark for […]

The EU, which is the world leader in GI protection (more than 3,400), is strengthening its current protection and is considering what to do with those of non-agricultural products. When and how?           GIs, i.e. protected designations of origin and geographical indications, are names that, like trademarks, distinguish a product on […]

The filing of a patent application gives rise to two different rights, namely the right derived from the application in question (ownership), and the right of priority, i.e. the right to claim the priority of a first application in a second patent application that must be filed within a certain period of time, which in […]