[Editor's note: Mery y Celim, S. A. The company owns two graphic trademarks (Registered in Spain and the European Union) , Robest, S. L. The company registered a Spanish design for the same graphics. Robest, S. L. The company registered a Spanish design for the same graphics. Betis Textil, S. A. The company manufactures and sells a product that makes Mery and Robest The two companies respectively brought trademark infringement litigation and design infringement litigation, And unfair competition. What kind of product is it? Follow the Xiaobian below!

[background] Mery y Celim, S. A. company (Hereinafter referred to as "Mery company" ) Owns two graphic trademarks (Registered in Spain and the European Union) The specific form is shown in Figure 1: Figure 1 Robest, S. L. company (Hereinafter referred to as "Robest company" ) Registered Spanish design for the same graphic. Betis Textil, S. A. company (Hereinafter referred to as "Betis company" ) Manufacture and market a lavender mop head product, The product name is "GENIAL COLOR" , The specific style is shown in Figure 2. Mery and Robest Two companies separately Betis The company filed trademark infringement action and design infringement action, And unfair competition. FIG. 2 The courts of first instance and second instance both ruled to dismiss the plaintiff's suit, The Spanish Supreme Court upheld the original decision.

[conclusion] First of all, The Spanish Supreme Court analyzed claims of trademark infringement and stated, Compare and contrast the signs involved, On the one hand, we should first consider the case of registered trademarks as the basis for comparison. In this case, A registered trademark is a two-dimensional graphic trademark, It consists of a front image of a mop head with several strips of mauve cloth. The Supreme Court said in its decision, "The scope of protection of the exclusive rights of a trademark depends on the registration of the trademark, In particular, the types of registered trademarks, (... ) " . In this case, plaintiff (Mery company) The two registered trademarks are graphic trademarks rather than three-dimensional trademarks, So its registered trademark exclusive right to protect the subject is not lavender mop head (three-dimensional) shape (It's just a picture that shows the front image of the mop head) . On the other hand, The Supreme Court said, In the comparison of infringement, As a contrast object of infringement of the plaintiff's exclusive right to trademark, Not the goods the defendant produced and sold, It's the logo that the defendant uses as a trademark. In this case, As the object of infringement comparison, the defendant's products can only be printed with words and graphics and other contents of the plastic packaging. After considering the above two aspects of comparison, Supreme Court affirmation, The mark protected by the registered trademark right as the basis of comparison does not constitute a similar mark with the mark used by the defendant to identify its products. Therefore, There is no possibility of confusion between the two. similarly, For design infringement dispute, The Supreme Court first determines the basis for comparison, Then affirmed the decision of the second instance "Cognitive users (informed user) " As well as the comparative results of the design involved, The final judgment is that there is no infringement of the registered design rights.

[comment] Analyze whether there is a risk of confusion between the two trademarks, It shall be based on the actual protection content at the time of trademark registration, Contrast with the mark used by the defendant to identify his goods rather than the goods themselves, Because the goods themselves are not trademarks.

compile: Liu Dan, The source of Aisabri Legal Counsel: Esabaril (ELZABURU) Intellectual property rights