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Image header Agence Europe
Europe Daily Bulletin No. 8949
Contents Publication in full By article 33 / 46
GENERAL NEWS / (eu) eu/court of first instance

Spanish “la baraja” card game available to all and cannot be registered as Community brand

Luxembourg, 18/05/2005 (Agence Europe) - The Court of First Instance has confirmed the decision by European Patents Office in Alliance the Spanish company to quash three Community brands of card game obtained by Naipes Heraclio Fournier

The European Court of First Instance explained that the very specific artwork of the Spanish “baraja Espanola” card game, known by all Spaniards, is available to everybody and cannot be registered as a Community brand. In a press release it also said that the graphics and indications, which can be used as a characteristic of a product, cannot be registered.

One of the main European card producers, France Cartes, had complained to the European Patents Office that its Spanish rival had obtained the three figurative symbols representing a sword, a knight and a king. France Cartes succeeded in getting this registration quashed at the Board of Appeal at the Alicante Office. Naipes Heraclio Fournier opposed this decision at the European Court of First Instance and lost.

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