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Spain's Supreme Court Upholds Bimbo's Exclusive 'Donut' Trademark

The ruling clarifies that an RAE dictionary entry does not weaken a brand holder's exclusive commercial rights in Spain.

Overview

  • The court granted Bimbo Donuts Iberia's cassation appeal, concluding a dispute that began in 2017.
  • The judgment orders the opposing party to halt all commercial and bakery use of the sign 'Donut'.
  • The decision states that dictionary inclusion and colloquial usage do not limit the exclusive rights of a renowned mark.
  • Grupo Bimbo called the outcome a legal victory, saying it recognizes the brand's extraordinary renown and affords maximum protection.
  • The RAE defines 'dónut' as a ring-shaped fried pastry, but that definition does not affect the trademark protection recognized by the court.