ARTICLE BY CLAUDIA VARAS AND SERGIO AMENÁBAR IN THE WORLD TRADEMARK REVIEW

A legal conflict between an appellation of origin and a registered trademark is the subject of an article by senior advisor Sergio Amenábar and associate Claudia Varas of Villaseca Abogados recently published by World Trademark Review.

In this, both lawyers analyze the claim of the owner of the trademark “LOS LINGUES” for the recognition of the denomination of origin “Los Lingues” for wines. In addition, they comment on the result where the court decided that the area “Los Lingues” qualified for the establishment of a new appellation of origin.

“It could be said that the decision is weak (…) There is no basis in the legislation to establish a better right over one sign or another. Therefore, the right that was first protected or recognized in good faith must prevail,” they stated in the text.

The article, titled “Court considers recognition of appellation of origin identical to a registered trademark”, was originally published by the World Trademark Review in April 2023.

You can read it in its entirety at this link: PDF article in English.