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Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Spain - The Spanish Community Trade Mark Court grants interim relief on the basis of 3-D mark.

The Spanish Community Trade Mark Court no. 1 from Alicante has recently issued a Court order awarding interim relief based on the 3-D Community trade mark no. 2,704,211 in classes 32 and 33. The trade mark at stake consists in a distinctive bottle shape.

The Court has found that the sale of the alleged infringing bottles could harm the Community trade mark’s distinctivity, and could even cause its dilution. According to the reported decision, the risk of dilution is enhaced due to the fact that the specific bottle covered by the Community trade mark (or better to say, its contents) is considered a “luxury item” for it is commercialised in high-prestige restaurants and specialised stores.

It is also worth noting that the Court dismissed the defendant’s argument that the alleged infringing bottle was covered by a later registration for a Spanish design.

As a consequence of the Court order, during the pendency of the main case the defendant is forbidden to sell the alleged infringing bottles. The Court also ordered the recall of the distributed bottles and their interim seal and deposit.

Posted by: Ignacio Marques @ 23.05
Tags: 3d trade marks., Community trade mark courts, interim relief, Spain,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

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