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Blog 2017-11-28T16:34:30+00:00

Where the Designation of Origin is in the ingredient, the favour is what really matters.

26 December 2017

The Court of Justice of the European Union (hereafter, CJEU), in the Judgement of 20 December 2017, C-393/16, has responded to several very interesting questions about the use of a PDO in products which are not products protected under said PDO but do contain protected product as an ingredient. In particular, the case concerned a packaging where the expression “CHAMPAGNER SORBET” was depicted as a dominant expression. The Court was [...]

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Berenguer & Pomares achieves a significant victory in the European Justice for the interests of the PDO “Torta del Casar”

15 December 2017

The General Court of the EU has issued a Judgement which upholds the application filed by Berenguer & Pomares and overturns the resolution ruled by the Board of Appeal of the EUIPO granting the registration of the EU trade mark “Queso y Torta de la Serena” to the Regulatory Council of the PDO “Queso de la Serena”. The European Court established in Luxembourg has declared that the Office dealing with [...]

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oriGIN biannual meeting in Treviso

23 October 2017

From the 17 to the 19 of October 2017, the oriGIn (www.origin-gi.com) biannual meeting took place in Treviso (Italy), which was organised in cooperation with the Consorzio de Tutela della Denominazione d´Orige Controllata Prosecco. In the General Assembly the members of this organization were renewed, our managing partner Mario Pomares continuing his role as a member of the Executive Committee, and also the action plan for the term 2018-2019 was [...]

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The General Council of the Judiciary reports the Judgement of the Provincial Court of Pontevedra upholding that references to Galicia applied to canned mussels not certified as PDO “Mejillón de Galicia” constitute an infringement of said PDO

10 May 2016

In the frame of the judicial procedure triggered by the Regulatory Council of the PDO “Mejillón de Galicia” - represented by Berenguer Y Pomares abogados -, the judgement of the Provincial Court of Pontevedra of 22 January 2016 upheld the judgement of the Commercial Court nº 1 of Pontevedra, strengthening the protection of PDOs in general and, in particular, that of the PDO “Mejillón de Galicia”. Having expired the [...]

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“Café de Colombia” vs “Colombiano Coffee House” and “Colombiano House”

23 October 2015

The General Court confirms that the protection of PDO/PGI against registration of conflicting trademarks goes beyond products of the same type. Subsequent to the recent Decision issued by the OHIM’s Opposition Division, dated February 2, 2015, that rejected registration of the trademark “COLUMBUENO” with regard to “services for providing food and drink” in Class 43, due to the conflict with the earlier PGI “Café de Colombia”, it is now the [...]

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Refusal of the Community Trade Mark “COLOMBUENO” covering services for providing food and drink following the opposition of the PGI “Café de Colombia”

10 February 2015

The OHIM’s Opposition Division has refused the registration of the Community Trade Mark application “COLOMBUENO” covering ‘services for providing food and drink’ in class 43 due to the conflict with the PGI “Café de Colombia”, as it was alleged by the opponent, the Federación Nacional de Cafeteros de Colombia, represented by the law firm Berenguer & Pomares abogados. The protection granted to PGIs and PDOs against the use of conflicting signs to [...]

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Advice to register the Cambodian “Pimienta de Kampot” as Geographical Indication in Europe

21 July 2014

In the frame of the European Union (EU) - Association of Southeast Asian Nations (ASEAN) Project on the Protection of Intellectual Property Rights (ECAP III), our partner Aitor Pomares has been hired as a GI expert in order to advice the Ministry of Commerce of Cambodia and the Kampot Pepper Promotion Association to protect and register the “Kampot pepper” as Geographical Indication in the European Union. Following its adhesion to [...]

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The Republic of Guatemala gets the GI of its rum in the EU 

7 February 2014

On February 4th, 2014, the registration of the Geographical Indication “Ron de Guatemala” has been published in the Official Journal of the European Union  [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2014:033:0001:0002:ES:PDF] To mention just a few of its characteristics, this rum is made exclusively from raw materials obtained from sugar cane whose planting area is located in the southern departments of Retalhuleu and Suchitepéquez, both bordering the Pacific Ocean and its ageing area is located in [...]

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Infringement of the PDO Queso Tetilla by the use of the term «Mamiella» and the reproduction of the particular form of this cheese

23 December 2013

The Community Trade Mark Appeal Court, in Judgment nº 419/13 of 31 October 2013, assessed the existence of an infringement of the Protected Designation of Origin “Queso Tetilla” by the unauthorized commercialization of cheeses reproducing the peculiar form of a female breast that gives name to this Designation of Origin. Already in the first instance of the proceedings, the Community Trademark Court, in Judgment nº 58/13 of 20 March 2013, [...]

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First GI of spirit drinks of a third country registered in the EU: “PISCO”

4 November 2013

On October 31, 2013, the registration of the Geographical Indication “Pisco” has been published in the Official Journal of the European Union [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:289:0048:0048:En:PDF]. This fruit spirit, traditionally produced in Peru, from the fermentation and distillation of grapes, is the first Geographical Indication of spirit drinks of a third country registered in the Eurpean Union In the registration proceedings, the Republic of Peru has requested the legal advice of Berenguer & Pomares [...]

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Judgements grant damages for the infringement of the PGI “Asparagus of Navarra”

22 October 2013

Designations of Origin and Geographical Indications enjoy unquestionable reputation and selling power. As in any other reputed signs or trademarks, these quality distinctions are often damaged by counterfeiting, with dire consequences for the operators which are members of the Designation of Origin or Geographical Indication and for the Regulatory Boards themselves (the bodies managing these quality distinctions). This is the case of the Protected Geographical Indication (hereafter, PGI) “Asparagus of [...]

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General Assembly of the Organization for an International Geographical Indications Network –OriGIn–

16 October 2013

Last 20th May the General Assembly of the Organization for an International Geographical Indications Network --OriGIn-- was held in the city of Bordeaux. The event was attended by many specialists in the promotion and protection of Geographical Indications and Appellations of Origin worldwide. Among the issues discussed it was the defense of the PDO and PGI on the Internet, topic whose presentation was conducted by our managing partner, Mario Pomares [...]

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Opinion of the General Advocate regarding the concept of “third parties” of Article 9.1 of Community Trade Mark Regulation

16 November 2012

This preliminary ruling deals with the concept of ‘third parties’ against whom, under the law currently in force, the holder of a registered Community trade mark may bring infringement proceedings, and whether this concept embraces the holder of a later registered Community trade mark. In this context, the General Advocate concludes that “On a proper construction of Article 9(1) of Council Regulation No 207/2009 of 26 February 2009 on the Community [...]

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Our managing partner, Mario Pomares, lecturer at the OHIM IP Seminar 2012

19 October 2012

Our managing partner, Mario Pomares, will be giving a lecture at the OHIM IP Seminar 2012 with his presentation “PROTECTION GRANTED BY GEOGRAPHICAL INDICATIONS AND COMMUNITY TRADEMARKS”. This eleven day event that will contain seminars on absolute grounds, opposition, case law and counterfeiting will be attended by members of 38 International IP Offices from non EU- countries,  among them Canada, Tunisia, Russia, Brazil, Mexico, Norway or China.

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Novel Decision dealing with infringements against Designations of Origin

8 October 2012

In a civil proceedings managed by the attorneys of Berenguer & Pomares, the Audiencia Provincial (Appeal Court) of La Rioja has upheld the entitlement of the Regulatory Council of the Protected Geographical Indication (PGI) “Espárrago de Navarra” to claim damages due to the misuse of the term “Navarra” to distinguish asparagus not covered by said PGI. The Decision nº 299 of September 7, 2012 confirms the rulings of first instance [...]

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The Spanish newspaper EL PAÍS has published an article about the patent system, case Apple Vs Samsung.

7 September 2012

The Spanish newspaper EL PAÍS has published in its 3rd of September 2012 edition an article about the patent system where our Managing Partner, Mario Pomares, offers his opinion about this Intellectual Property Right and the media case Apple Vs Samsung. http://sociedad.elpais.com/sociedad/2012/09/02/actualidad/1346619447_758365.html

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Paper by Aitor Pomares in the 1st Seminar on “Intensive Agriculture and the Law”

18 May 2012

During the 18th and 19th May 2012, the 1st Seminar on “Intensive Agriculture and the Law” organized by the city council of Almeria will be held in the Palacio de Congresos Toyo Cabo de Gata - Almería. Aitor Pomares will give a paper focused on the role of the Geographical Indications and other quality schemes for agricultural products and foodstuffs and their Regulatory Boards. 

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Paper by Aitor Pomares in the V Forum Qualivita

19 December 2011

During the 29th and 30th of November, the V Fourm Qualivita focused on the European Commission’s new Quality Package for food and agricultural products has been held in Brussels. Aitor Pomares, member of our firm, has participated with a paper on the management of production volumes within the frame of the Geographical Indications and its legal implications. 

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Mario Pomares, member of the executive Comittee of OriGIn.

13 October 2011

During the V General Assembly of OriGIn, the international network for Geographical indications, Mario Pomares, partner at our law firm, was elected as a new member of the Executive Comittee of the organization.

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V General Assembly of OriGIn

26 September 2011

On the 29th and 30th of September, the Mexican city of Guadalajara, Jalisco, will host the V General Assembly of OriGIn, the first organization for a network of quality and GI products, organized by the Regulatory Council of Tequila. The partners of Berenguer & Pomares, Luis Berenguer, current member of OriGIn's Executive Committee, and Mario Pomares, will attend the meeting.

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INFORMACIÓN, Alicante´s local newspaper, echoed the invalidity action filed by Berenguer & Pomares against a NINTENDO’s Community Design.

19 July 2011

INFORMACIÓN, Alicante´s local newspaper, echoed the invalidity action filed by Berenguer & Pomares against a NINTENDO’s Community Design. For further information click on:  http://www.diarioinformacion.com/alicante/2011/06/26/rebelion-cartuchos/1142549.html

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Article about the commercialization of Nespresso compatible capsules

19 May 2011

The Spanish newspaper EL PAÍS has published in its 5th of May 2011 edition an article by Luis Berenguer and Mario Pomares, partners of our firm, about the launching of Nespresso compatible capsules by Marcilla, a brand owned by Sara Lee. The article can be consulted in the following link: http://www.elpais.com/articulo/sociedad/monopolio/propia/maquina/elpepisoc/20110505elpepisoc_2/Tes

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Lecture by Luis Berenguer in the Technical Seminar of FREMM

6 May 2011

On 8 May 2010, the Regional Federation of Metal Industry Companies of Murcia (FREMM) holds the 18th technical seminar addressed to car repair workshops. Our partner Luis Berenguer will take part with a lecture on the legal regime of the after-sales service.

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Lecture on Exclusive Rights in the European Union, by Luis Berenguer

3 May 2011

On May 3rd, Luis Berenguer, Partner of Berenguer & Pomares, will be giving a lecture on the EXCLUSIVE RIGHTS IN THE EUROPEAN UNION at the Law school of the 'Universidad de los Andes', in Bogotá, Colombia. This University is well known for its attractive program on Intellectual Property Rights and Competition Law.

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CTM refusal due to a PGI opposition

31 January 2011

In a recent and novel ruling, the opposition division of the OHIM has rejected the registration of the Community Trade Mark “CASTELLON CLEMENTINES” due to the opposition filed by the PGI CITRICOS VALENCIANOS, underlining that EC Regulation 510/2006 is to be applied when dealing with a CTM application conflicting with a Protected Geographical Indication. The OHIM understands that the sign ‘CASTELLON CLEMENTINES’ evokes the PGI Citricos Valencianos, given that ‘clementines’ [...]

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Article by Luis Berenguer in «Ratio Legis», the lawyers and notaries’ journal of Guatemala

24 November 2010

«Ratio Legis», the lawyers and notaries’ journal of Guatemala, published, in the issue nº 2, a brief comment by Luis Berenguer, Managing Partner of Berenguer & Pomares, on the first Judgement awarding moral damages to a Regulatory Board of a Geographical Indication. The mentioned article can be consulted in the following link http://issuu.com/revista_ratio_legis/docs/revista_ratio_legis_segunda_edicion

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The Alicante Official Chamber of Commerce recovers the ownership of the domain name www.camaralicante.es

9 November 2010

The public body RED.ES, responsible for the registration of domain names under the Spanish code .es has recently agreed to transfer the ownership of the domain name www.camaralicante.es to the Alicante Official Chamber of Commerce. Previously The Chamber initiated legal proceedings before an independent arbitrary body to reclaim the mentioned domain name which had been misappropriated.

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New EU Regulation on motor vehicles resale and repair

2 August 2010

On June 1st entered into force the new legal framework on motor vehicles resale, repair and maintenance: Commission Regulation (EU) No 461/2010 of 27 May 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices in the motor vehicle sector. Luis Berenguer, managing partner of Berenguer & Pomares, published a brief comment on this issue that can be consulted [...]

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The Kenyan government entrusts Berenguer & Pomares with the legal advice in the field of Geographical Indications

21 July 2010

Berenguer & Pomares has been chosen as legal adviser to train officials of the Kenyan Intellectual Property Institute (KIPI) in the implementation and development of rules in the matter of Geographical Indications. This award was made in the framework of a cooperation project funded by the Swiss Intellectual Property Institute (IPI) and will run throughout the second half of 2010 

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Judgement on the infringement of the PDO Parmigiano-Reggiano

6 May 2010

The Commercial Court N. 1 of Oviedo, on the 5th of April 2010 notified a Judgement which allowed the claim filed on behalf of the Consorzio of the P.D.O. Formaggio Parmigiano-Reggiano based on an infringement of the P.D.O. and on unfair competitions activities. This decision not only found that the use of the term ‘Parmeso' was unlawful to distinguish grated cheese, but also ordered the payment of the damages claimed [...]

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Paper by Aitor Pomares in Douala, Cameroon

21 April 2010

A Regional Seminar on Geographical Indications in Douala (Cameroon) organized by Tradecom Facility, an ambitious program of technical assistance to the states in the African, Caribbean and Pacific group of states (ACP) in the field of commerce created by the European Development Fund, will take place on 27 and 28 April. Aitor Pomares will take part in this seminar, addressed to those countries members of the African Intellectual Property Organization, [...]

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