THURSDAY, 30 SEPTEMBER 2010
Spain - Damages and trade mark infringement actions: when (and how) to start shooting. In the Judgment of the Supreme Court (Civil Chamber - 94/2006), the Court ruled that the exclusion faculties deriving from a registered trade mark start not from the date of the administrative decision granting the application, but with the publication of the said decision in the Intellectual Property Gazette. This is the "dies a quo" (starting date) from which full enforcement in trade mark infringement can be claimed. According to the Court, it is unfounded to claim damages from acts happening before the publication. The Supreme Court takes the occasion to remember that section 38.1 of the Spanish Trade Mark Act ("Temporary Protection") confers trade mark application certain level of protection. This section, that apparently was not cited by claimants, reads along these lines:
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