Bimbo wins landmark Donut battle in Spain
After a legal process of almost nine years, the Supreme Court has confirmed that the unauthorised use of this term for commercial purposes violates trademark rights
Grupo Bimbo has won a historic court battle in Spain to protect its iconic Donuts brand. The Spanish Supreme Court has ruled in favour of the company against the use of this term in the commercial field by a third party after a legal process that has dragged on for nine years.
The ruling, which recognises the exceptional nature of the trademark, means that no other company can use the term to sell similar products and strengthens the position of major brands against imitation. In particular, it recognises the exceptionally well-known nature of the mark and grants it the highest level of legal protection, concluding that using the word 'Donut' without authorisation and for commercial purposes infringes the company's trademark rights.
Precedent in intellectual property enforcement
In a precedent-setting ruling in the defence of intellectual property in Spain, the courts have determined that such misuse automatically generates a direct mental association with the registered trademark.
The Real Academia Española (RAE) defines 'doughnut' as 'a spongy piece of pastry in the shape of a doughnut, fried and generally glazed or covered with chocolate'. Now, for the first time, the Supreme Court has emphasised that the incorporation of a trademark into Spanish dictionaries and its colloquial use does not entail a loss or limitation of the exclusive trademark rights of its owner, which must be respected in trade in any case.
Carlos Tatay, vice president of marketing at Bimbo said after the ruling that this "victory is not a mere formality, it is the recognition of our daily effort, the undeniable quality and the emotional bond we have built with our customers."
