The ruling of the Supreme Court in the DENSO case of October 14, 2014 constitutes the official death certificate of the doctrine of coverage marks in Spain, in force in the jurisprudence for almost 100 years since its appearance in article 273 of the already disappeared Industrial Property Statute of 1929. Thus, the ownership of a trademark will no longer be a valid obstacle against a lawsuit for infringement.
The doctrine of coverage records has been confirmed by the Spanish courts for decades. In this sense, the rulings of the Supreme Court, Chamber 1 of May 23, 1994 are very relevant: the appealed party having limited itself to using the trade name whose registration it obtained[…]
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