The reputed trademarks are those trademarks, regulated in the Spanish Trademark Law and EU Regulation, which, in attention to their degree of knowledge or their recognition of the mark in the relevant sector of the public, deserve more rigorous and more effective protection, beyond the speciality principle (in other words, beyond the classes of goods or services under the International Nice Classification for which they have been protected in the Registry Offices).
The criteria for determining the degree of knowledge and recognition of the trademark in the relevant sector of the public are under article 8 of the Spanish Trademark Law, as well as, under the European Court of Justice Judgment on 22th June, 1999 (Case C-342/97 Lloyd Schuhfabrik Meyer & Co. GmbH v. Klijsen Handel B.V.).:
- The market share held by the trademark.
- How intensive, geographically widespread and long-standing use of the trademark has been.
- The amount invested by the undertaking in promoting the trademark.
- The proportion of the relevant section of the public which, because of the trademark, identifies the goods or services as originating from a particular undertaking.
- And statements from chambers of commerce and industry or other trade and professional associations.
The Reputation Certificates issued by ANDEMA are well recognised and prestige, as a means of evidence supporting the distinctiveness of the trademark.
This has been recognised, among others, by the Juzgado de lo Mercantil de Madrid (Commercial Court, Madrid, Spain) on 30th October, 2009, which mentions the Well-Known Certificates issued by ANDEMA, attributing them more importance for evidencing the well-known of a trademark, due to the requirements must be filled.
For their part, the Audiencia Provincial de Madrid (Court of Appeal of Madrid, Spain) on 17th June, 2008, mentions this Certificate as evidence categorical and absolute on the distinctiveness of the trademark.
The Tribunal Supremo (Supreme Court) has admitted the Certificates issued by ANDEMA in its judgement of 5th june, 2008, at that time as evidence on trademark’s reputation.