NEGATIVE COURT
The Classical will keep on being of popular use. No to LaLiga!
Published:25/02/2021 - 14:17h
Updated:25/02/2021 - 14:17h
LaLiga Tried to register The Classical like mark, but from the European Court did not consider valid the appeal done to the resolution of the EUIPO in relation to the subject
The duel between Real Madrid and Barcelona adds a new episode to the history of The Classical, although this time does not have a lot that see with the football and the balloon. LaLiga Tried to register this duel like mark, but in Europe did not see of the all convinced with the proposal and finally exhausted the option.
The EUIPO (Office of Copyright of the European Union) decided not conceding the legal register of the mark The Classical, when considering that the same does not have any denomination of distinctive character, something that decided to appeal through the General Court of the European Union in search to achieve the aim.
But such as dictamina the norm, when achieving an alone refusal in the request will not proceed with the permission and the European Court confirmed the initial decision, when coinciding that in effect the distinctive shot does not exist in such request or name and therefore, will not be able to be registered like a mark.
Such as it advanced the daily ACE in his version web, the request of The Classical for "sportive and cultural activities, the organisation of contests and delivery of prizes, as well as of sportive competitions and of programs of radius and television, the production of sportive events for the radio and television and of films on appearances related with the football", will not be processed, confirmed by the European Court the past Wednesday.
Old dispute
This querella dates from 2019, when from the EUIPO determined that the big scope in popularity and reputation, in addition to the world-wide knowledge of the same, did that the mark can not demand as its own in any appearance, generating the appeal by part of the Spanish competition.
The ratification of the Court based in the same arguments of the EUIPO, as well as also the proofs that presented LaLiga, considered insufficient to show that in effect this name belonged to some sector, by what for the moment will keep on being of popular command and there will be privatisation of his use.
