Lexicalisation without genericide: Spain’s ‘Donut’ ruling and the Portuguese approach

The stronger a trademark becomes, the more it risks sliding into generic use. Diogo Antunes examines this paradox at the heart of brand success, analyzing how Spanish and Portuguese courts address the tension between linguistic reality and legal protection, and why widespread use of ‘donut’ has not diminished the distinctiveness of the renowned Donuts marks.

INTA Leadership Meeting 2025

The INTA Leadership Meeting once again brought together committee members from across the globe for its annual gathering, held this year from November 18 - 21 in Hollywood, Florida (USA). Over the course of the program, attendees immersed themselves in a range of skill-building experiences, from intensive bootcamps and hands-on workshops to dynamic “Leadership Lab” discussions focused on topics such as Artificial Intelligence within Intellectual Property (IP) industry, brand protection, and sustainability.

Angela Adebayo Agbe-Davies: Pioneering IP leadership in Nigeria

In celebration of Nigeria’s 65th anniversary, The Guardian released a special edition highlighting remarkable contributions within the country.

Angela Adebayo-Agbe Davies, Regional Director at Inventa Nigeria, was recognized for her pivotal role in establishing Inventa the first international intellectual property firm in Nigeria positioning the company as a key player in the global IP space.

LESI YMC 2025 | Pan-European Conference

The LES International Young Members Committee Conference will take place on November 7, 2025, in Lisbon, Portugal. The event will serve as a platform for discussion among IP practitioners under the theme “Young minds redefining how knowledge, innovation, and technology move across borders and industries.”

Does Portuguese case law conform to the EU regime on secondary meaning?

Portuguese courts have increasingly restricted the recognition of acquired distinctiveness for non-distinctive signs, diverging from the EU trademark framework. Vitor Palmela Fidalgo examines this, arguing that such limitations jeopardise legal coherence, consumer protection, and the fundamental function of trademarks as indicators of commercial origin within the internal market.

EU sound mark applicants should listen up

On September 10, 2025, the EU General Court (EGC) issued its judgment in the case of Berliner Verkehrsbetriebe (BVG), T-288/24, (ECLI:EU:T:2025:847).

In this decision, the EGC annulled a decision by the EU Intellectual Property Office (EUIPO) which had refused the registration of a sound trademark.

This is an important decision by the EGC, as it sets a threshold example of the distinctiveness required for the protection of sound trademarks.

The EUIPO’s contested decision

AIPPI World Congress 2025

From September 13th to 16th, the AIPPI World Congress was held in Yokohama, Japan.

During the four-days, the event featured panel discussions, keynote speakers and social events, covering a wide range of topics. These included IP’s role in artificial intelligence and Japan’s legal traditions, with sessions on AI & copyright, patent law, trademarks in fashion, pharma innovation, creative works in the digital world, non-traditional trademarks, the rise of “dupes” in luxury goods, and protection of designs and user-generated content.