NEWS JANUARY 2025 - DECEMBER 2025
EUROPEAN UNION
February 19, 2025
The European Union Intellectual Property Office (EUIPO) has annulled the registration of a Spanish wine trademark (‘Viña ABBA’) as being identical to ‘ABBA’, the iconic Swedish pop music group, on the basis of Article 8(1)(b) and 8(5) of the EU Trademark Regulation of 14 June 2017.
On what grounds has the EUIPO annulled this trademark registration?
1 - The first ground is that it is identical to the musical group ‘ABBA’;
2 - Secondly, because it is shown that the trademark ‘ABBA’ has a certain reputation and fame/notoriety within the European Union before the second trademark which is the subject of the opposition came into being;
3 - Thirdly, it considers that the use of the contested Spanish wine trademark is liable to cause economic and reputational damage, since it would take unfair advantage of the distinctive character and reputation enjoyed by the trademark ‘ABBA’.
In this regard, after analyzing the relevant evidence provided by both parties, the EUIPO concludes that the distinctive sign ‘ABBA’ ‘has been the subject of prolonged and intensive use, being well known in its relevant market, where it enjoys a consolidated position among the leading trademarks’.
To justify its decision, the EUIPO also refers to the number of records sold by the famous musical group, a fact which, together with other evidence such as that mentioned in the previous paragraph, proves the notoriety and renown of the ‘ABBA’ mark in the European Union.
Furthermore, the EUIPO clarifies that ‘the applicant's assertion that “viña” adds distinctiveness with respect to the earlier sign, which in its opinion generates a phonetic and visual dissimilarity between the signs, is not supported by any evidence and lacks justification’.
In conclusion, both the strong reputation enjoyed by the musical group ABBA and the great similarity between the two distinctive signs are the main reasons that led the EUIPO to refuse and prohibit the use of the trademark ‘Viña ABBA’ (although it should be noted that the wine cellar can still appeal this decision).
Monitoring and maintenance of trademarks
As we can see in this specific case, an effective monitoring and maintenance of the trademark is crucial to protect and safeguard the most precious asset that companies have: their intangible assets.
In UNGRIA we offer a permanent service of control of all new trademark applications with the aim of avoiding its grant in case it is necessary.
Do you want more information about our service? Contact us without obligation.
EUROPEAN UNION
February 17, 2025
As in previous years, the Commission and the European Union Intellectual Property Office (EUIPO) have launched the 2025 SME Fund (the call for applications has been open since 3 February) to provide financial support to small and medium-sized enterprises (SMEs) to better manage and protect their intangible assets.
Interested SMEs can apply for bonds that will allow them to access a partial reimbursement of the fees paid.
Before going into detail, it is important to note the following matters:
- Bonds are not retroactive: costs incurred before the date of notification of the grant decision will not be reimbursed.
- An SME cannot apply for a grant from this Fund if it has already received EU funding for the same activity or part of it.
- Bonds only apply to the registration of new Intellectual Property rights. Renewals of these rights are not eligible.
- All SMEs established in the EU can apply for this grant through their owners, authorized employees or through an external representative.
- Bonds cannot be transferred from one user to another (they are linked to the EUIPO user account used to complete the application for the Fund).
What is the maximum amount an SME can receive?
- IP Scan bond (Bond 1): up to €1,350.
- Trade Marks & Designs bond (Bond 2): €700.
- Domestic Patents and Prior Art Search bond (Bond3): €1,000.
- European Patents and Legal Costs bond (Bond3): €2,500.
- Community Plant Varieties bond (Bond4): €1,500.
In this regard, it is also important to know that the interested SME will have to wait for the award decision before being able to apply/register for one of the eligible IP rights.
SME Funds 2025: call deadline
The deadline for submission of the 2025 call is from 3 February 2025 to 5 December 2025.
Bond use and activation
When a positive notification of the grant application is received, what is known as the activation period starts, during which stakeholders have 1 month (extendable to 2 months) to start activities and request the first reimbursement to activate the Trademark and Design, Patent, Plant Variety and Community Plant Variety bonds. In order to activate the IP Scan bond, 6 months are available.
The implementation period for requesting the reimbursement of fees is as follows:
- 6 months for Trademarks and Designs.
- 6 months for Patents.
- 6 months for Community Plant Varieties.
- There is no execution period for IP Scan bonds.
Consult the information in this document.
Are you interested in obtaining these grants?
At UNGRIA we can help you to obtain these grants.
Contact our team of experts here, we will be thrilled to provide you with all the information related to this Fund and to help you with the applications.
FEBRUARY 13, WORLD RADIO DAY
February 13, 2025
The need to understand the intricacies of copyright in radio programs is imperative for individuals or entities engaged in the production of such content, irrespective of whether the transmission is facilitated through traditional radio stations or digital formats such as podcasts or streaming.
The use of music, interviews, sound effects or any other content without the required authorization can result in legal repercussions, ranging from claims to financial penalties.
On the occasion of the World Radio Day (13 February), we analyze the following question: How are radio programs protected?
How can a radio program be protected by Intellectual Property?
Radio is a significant domain of intellectual creations, encompassing ideas, debates, programs, scripts, interviews and musical compositions, which are generated and broadcast. Collectively, these elements form a substantial cultural and communicational heritage.
The branch of law responsible for the protection of these creations is Intellectual Property, and radio productions find this support mainly through the well-known copyrights.
Copyright in radio
Copyright protects the originality and creativity of broadcast content, including scripts, programs, interviews, musical compositions and other formats that are intellectual works. It provides legal mechanisms that enable authors, broadcasters, producers and other professionals involved in radio production to protect their rights and obtain the corresponding recognition for their work and intellectual creations.
Copyright is a set of rules that protect creators of original content by granting them the exclusive right to reproduce, distribute and communicate their work.
The regulatory framework governing this protection varies from jurisdiction to jurisdiction, but at the international level, there are treaties and agreements that guarantee unified minimum standards of protection, in order to ensure effective protection (for example, the Berne Convention for the Protection of Literary and Artistic Works).
At the European and Spanish levels, the Intellectual Property Law governs both copyright and related rights, providing benefits to content creators, performers, and phonogram producers.
It should be noted that radio copyright not only protects individual creators, but also confers advantages to broadcasters and program producers.
From a pragmatic standpoint, radio broadcasters are obliged to ensure that they possess the requisite authorizations for the broadcasting of music, interviews and other protected material that may be exposed to the listening public. This predicament requires the establishment of agreements with rights management organizations.
However, despite advances in copyright protection, the radio sector still faces significant Intellectual Property challenges. Piracy, unauthorized reproduction of programs and the absence of a globally unified regulatory framework are issues that require more effective solutions.
How to protect the content of a radio program
In the context of Intellectual Property rights, it is imperative to recognize the significance of respecting the copyrights of others, while ensuring that one's own content is protected from unauthorized use. The following measures are recommended to ensure the protection of Intellectual Property rights:
- The use of Creative Commons licenses, if desired, to allow specific uses of material under specified conditions.
- The incorporation of copyright notices within episode descriptions or on the program's website.
In this document we provide you with more information on this subject.
Do you need specialized advice on this matter?
At UNGRIA we are experts in Intellectual Property and can help you ensure that your content complies with current regulations.
Contact us today for personalized advice.
EUROPEAN UNION
February 12, 2025
Decision T56/21 (link) of the EPO Board of Appeal stands as one of the most favorable decisions for patent holders in recent years and comes as a result of decades of controversy, appeals and court battles between the EPO, patent attorneys, applicants and lawyers.
Until now, the EPO was the only one of the world's major patent offices (known as IP5, including also Japan, USA, China and Korea) that required applicants to adapt the description to the allowed claims before issuing the Decision to grant.
The problem with this requirement is that it entails risks for the applicant and increases the technical work needed, which increases costs and total prosecution time.
Furthermore, from our point of view, it implies greater uncertainty for both owners and competitors and forces the applicant, in most cases, to excessively limit the application. That is why we, patent attorneys, as legal representatives of applicants before the EPO, have always been trying to get around this requirement.
Now, this decision, which is more than 90 pages long, goes further in the idea that there are no grounds in the law to request the adaptation of the description.
We remain, however, with an eye on the Enlarged Board of Appeal (EBoA), hoping the outcome of decision G1/24 (oral proceedings scheduled for next month) will bring some light on whether a patent can serve as its own dictionary and how the relationship between claim interpretation and the description and figures of the patent should be addressed.
Let's hope that these decisions finally put this controversy to rest.
Do you have any questions?
Contact us here for more information about our comprehensive patent consulting services.
Click here to view EPO Decision T56/21
Click here to view Decision G1/24
FEBRUARY 3, INTERNATIONAL LAWYER'S DAY
February 03, 2025
February 3rd marks the International Lawyer´s Day, a date that invites reflection on the essential role played by these professionals in society.
Intellectual Property specialists have a unique and pivotal role: to protect creativity and innovation, which are fundamental pillars of economic, cultural and social development.
Why are Intellectual Property lawyers so important?
Imagine a world without IP lawyers. Ideas, designs, trademarks and inventions that shape our daily lives could be plagiarized and misused by third parties who want to take advantage of other people's rights to make economic benefits.
So, without good lawyers to support them, many projects would be abandoned before they even started, which would mean that we would not receive the technology, culture and science that could improve our lives.
Intellectual Property lawyers play a pivotal role in ensuring that innovations do not fall into the wrong hands and in equipping innovators with the tools they need to bring their projects to life and achieve their full potential.
Furthermore, these professionals provide guidance and support to creators, entrepreneurs and companies at every stage of the process, as the lawyers understand that each creation is unique and that all of them deserve adequate protection to ensure their exclusive and profitable exploitation.
When a company launches an innovative product, creates a mark or develops a pioneering technology, IP lawyers are instrumental in the protection of those rights. Their work encompasses the registration of rights, as well as monitoring them to prevent infringement, thus enabling creators to focus on their core competencies.
In a globalized world where borders are increasingly blurred, these lawyers assume the role of strategists, designing protection plans at an international level and adapting to the legal particularities of each jurisdiction.
The primary goal of IP lawyers is not only to win a case, but rather to safeguard their clients reputation and resources while fostering sustainable business relationships. The role of IP lawyers is not confined to the mere mitigation of issues; from the project's inception, they provide advice , predict potential challenges and draft strategies that optimize the value of creations.
Do you want to find out more information? We have prepared a newsletter in which we expand on more topics: access it here.
Do you need to contact an Intellectual Property lawyer?
Please do not hesitate to contact us should you require the services of an Intellectual Property lawyer. At UNGRIA, we have been supporting companies, entrepreneurs and creators in protecting their intangible assets for over 130 years.
It is our commitment to ensure that the creativity and efforts of our clients are always supported by effective advice based on a solid legal strategy.
Contact us for more information.
EUROPEAN UNION
January 28, 2025
On 6 March 2025, it will be one year since Directive (EU) 2024/825 was published in the Official Journal of the European Union, marking a significant turning point in consumer protection as part of the green transition.
Was this the necessary impetus to transition towards a truly sustainable market?
The keys to Directive (EU) 2024/825:
The most significant success of the Directive is that it highlights commercial practices that are pervasive yet controversial and have historically lacked effective regulation. A case in point is the frustration experienced by consumers when products, designed to last longer than promised, often reach the end of their useful life cycle much earlier than anticipated. This phenomenon, known as 'premature obsolescence', is a central concern that the new standard aims to address at its core.
Another salient issue is 'greenwashing', a term denoting the practice of selling products or services as 'sustainable' or 'environmentally friendly' without a substantive basis for doing so.
In this sense, we can affirm that the main objectives of the aforementioned Directive are as follows:
- Safeguarding consumer interests by ensuring transparency and accountability in environmental claims.
- Eliminating ambiguous terms and unsubstantiated promises such as ‘climate neutrality’.
- Promoting the harmonization of sustainability across Europe, emphasizing its significance as an imperative for businesses and consumers.
It is important to recognize that this shift may present a substantial challenge to companies, as they are required to substantiate their environmental commitments with verifiable and publicly accessible plans. This Directive seeks to harmonize the message across Europe: sustainability is not an option, it is an obligation.
Is your company ready to comply with the new requirements of Directive (EU) 2024/825 and take advantage of the opportunities offered by sustainability?
At UNGRIA we help you protect your intangible assets while adapting your business to this new regulatory framework. Our team of IP experts is ready to guide you every step of the way towards transparency, innovation and responsible competitiveness. Contact us for more information.
In summary, Directive (EU) 2024/825 has not functioned as a regulatory instrument; instead, it has motivated all European Union countries to adopt a scenario in which ethical consumption is straightforward, companies compete to demonstrate the highest levels of transparency, and environmental commitment is more than a mere slogan. The progress of this transition is already evident.
Do you want to find out more information about this Directive? We have prepared a newsletter in which we expand on more topics: access it here.
January 24, World Day for African Culture
January 24, 2025
On the occasion of the World Day for African Culture on 24 January 2025, it is imperative to emphasize the significance of protecting and honoring cultural diversity in its myriad forms.
The term 'cultural appropriation' is understood as the unauthorized use of elements of traditional cultures without recognition or benefit to their communities of origin, and it poses significant ethical and legal challenges.
In this regard, the field of Intellectual Property emerges as a pivotal domain for the protection and preservation of traditional cultural expressions, through the establishment of legal frameworks empowering communities to exercise effective control over their creations.
The 'Updated Gap Analysis Project on the Protection of Traditional Cultural Expressions', promoted by the World Intellectual Property Office (WIPO), is of particular interest. The goal of this Project is to identify the legal and practical gaps in the protection of these expressions, proposing concrete solutions that will allow communities with strong traditional cultures to benefit from a more inclusive and effective legal framework to protect themselves.
The Project thus seeks to foster collaboration between communities, governmental institutions and international organizations, thus contributing to a more comprehensive approach in the defense of cultural diversity.
In addition, the Project highlights the importance of using tools such as the registration of trademarks and industrial designs to grant legal protection and recognition to traditional cultural expressions.
In Spain, these are some of the laws that regulate the protection of cultural expressions:
- The Copyright Law.
- The Trademark and Industrial Design Laws.
In addition, Spanish regulation facilitates the protection of geographical indications and designations of origin, which are instrumental in protecting traditional products associated with specific regions.
At the international level, Spain is committed to WIPO's efforts to develop a legal instrument that provides effective protection for traditional cultural expressions, a commitment that is in line with the United Nations Declaration on the Rights of Indigenous Individuals.
However, to ensure effective protection, it is essential to encourage collaboration between national and international Intellectual Property Offices and companies.
The Intellectual Property framework provides the necessary tools to achieve this goal; however, its effective enforcement necessitates a concerted effort by legislators, communities, companies and consumers.
Click on this link for more information on this topic.
At UNGRIA, we are committed to the defense of traditional cultural expressions through Intellectual Property legal tools and mechanisms.
We invite you to discover how the registration of trademarks, industrial designs, designations of origin and geographical indications can help you protect your creations or inventions.
Do you need more information? Please contact our team of experts in Intellectual Property.
EUROPEAN UNION
January 22, 2025
The European Union Intellectual Property Office (EUIPO) has recently announced the launch of the SME Fund 2025 on February 3rd, 2025.
This initiative, aimed at providing continuous support to SMEs in their innovation and growth process, grants financial support to carry out actions for the protection of Intellectual Property rights, including trademarks, designs, patents, plant varieties and the IP Scan service.
For more information about these grants, please contact our offices, where we will be thrilled to provide you with all the information related to this fund and assist you with your applications.
EUROPEAN UNION
January 21, 2025
As the new year commences, there is a palpable sense of anticipation surrounding the European Design Awards (ED Awards), a pivotal event in the realm of industrial designs in Europe. Since their establishment by the EUIPO, these awards have served as a significant catalyst for promoting excellence in design, underscoring their important role in the field of Intellectual Property.
These are awards that not only celebrate creativity, but also promote the importance of the registration and protection of industrial designs, which we consider fundamental for the growth and development of Intellectual Property in Europe.
The ED Awards encompass a broad spectrum of disciplines, encompassing a total of 47 categories that are divided into various groups, including branding, packaging, typography, digital design and illustration, among others. What are, then, the European Design Awards? How does the selection and award process work?. Check out all the details by clicking on this link.
WIPO
January 20, 2025
On January 10, 2025, Uzbekistan accession as a Contracting Party to the 1999 Geneva Act of the Hague Agreement has come into force, facilitating the international protection of industrial designs in this country.
What does this accession entail?
- Interested parties will have the possibility to designate Uzbekistan in an international design application, thus facilitating the expansion of their business in Central Asia.
- With Uzbekistan, the 1999 Geneva Act now has 75 contracting parties, expanding the international protection options for designers and companies.
This accession strengthens the scope of the global system and benefits those seeking to protect their innovations in Central Asia.
Are you interested in registering an industrial design? At UNGRIA we have specialized teams that can advise you and accompany you throughout the process.
Contact us for more information.
BRAZIL
January 16, 2025
On January 15, 2025, the Brazilian Health Regulatory Agency (ANVISA) presented a comprehensive manual to assist manufacturers adapt to Regulatory Instruction No. 332/2024. This regulation introduces updated health warnings and messages for tobacco-derived products packaging. Although early adoption is encouraged, full compliance will be mandatory as of November 2, 2025.
Key highlights:
- This applies to all primary and secondary packaging of tobacco products;
- Non-compliance will result in penalties under Brazilian sanitary laws;
- By November 2, 2025, non-compliant products must be removed from points of sale;
- Packaging changes for compliance can be implemented immediately, but must be submitted to ANVISA for review.
BRAZIL
January 14, 2025
We are pleased to share with you an IP guide on Brazil that summarizes the most important decisions issued by the Brazilian Patent and Trademark Office (BRPTO) in 2024:
- BRPTO implements new rules on amendments to patent applications during the appeal stage.
- BRPTO updates its guidelines for filing patent appeals.
- BRPTO launches new platform to fight trademark counterfeiting.
- BRPTO will accept trademark applications including advertising elements.
- BRPTO updates the rules for the registration of trademarks of names of individuals or signatures thereof and images of third parties.
- BRPTO establishes new criteria for PPH requests in 2025.
- BRPTO Joined GPPH: Phase V of the PPH Pilot Project to begin in 2025.
- Brazilian Legislation regarding Compliance with Access to Genetic Heritage.
- BRPTO joined Global Patent Prosecution Highway (GPPH).
- BRPTO published a technical note on industrial design examination procedures.
- BRPTO extended the deadline suspension for filing divisional design applications.
- BRPTO reached its annual limit for PPH applications.
Do you want to learn more about the above-referenced topics? "Click on this link" to find out about the most important developments approved in the field of Intellectual Property in Brazil during 2024.
EUROPEAN UNION
January 09, 2025
Today, Thursday 9 January, 2025 we celebrate the iconic designer Carolina Herrera´s birthday, a woman whose influence in the world of fashion and fragrance is still more than relevant.
To commemorate her legacy, we would like to highlight a recent case involving her trademarks, which underlines a fundamental lesson in the field of Intellectual Property: the importance of an effective trademark protection.
On 15 November 2024, the EUIPO ruled in favor of Carolina Herrera in a case concerning the trademark 'GOOD GIRL' and another company's intention to register 'Buena Chica' as a trademark.
This real-life case highlights the importance of protecting our trademarks from confusion, even when the similarities are not obvious to the naked eye. The decision is not only a legal victory, but also a strategic one in terms of preserving the image and value of the mark.
In order to find out more about how a well-protected trademark can ensure its long-term success, as is the case with Carolina Herrera, click on the "Complete bulletin in PDF" link below.