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Spanish Supreme Court Grants Bimbo Exclusive Commercial Rights to "Donut"

The ruling clarifies that dictionary entries do not dilute registered trademark rights in Spain.

Overview

  • The court upheld Bimbo Donuts Iberia's appeal and ended a dispute that began in 2017 over unauthorized commercial use of the sign "Donut."
  • Judges ordered the opposing party to permanently stop using "Donut" for bakery products, securing exclusive market use for Bimbo in Spain.
  • The decision states that inclusion of the adapted form "dónut" in the RAE dictionary or common colloquial use does not limit a trademark owner's exclusive rights in commerce.
  • The legal effect of the judgment is territorial and applies only within Spain.
  • Bimbo described the outcome as a "historic legal victory," saying the court recognized the brand's renown and afforded maximum protection.