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Denomination of a plant variety and descriptive use of a third-party trade mark

icon 1 September, 2025

There is no doubt that the registered name of a plant variety may be used by anyone who markets plant material of that variety. However, in this specific case, the Supreme Court’s statement that “the term ‘Persimmon’ was used by the defendant to identify a specific variety of caqui” is noteworthy.

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Autor/s

Ángel García Vidal – Academic Counsel

Category

Analysis

Areas and sectors

Intellectual Property