From April 30, 2026, the possibility of requesting new domain extensions opens. This process, which had not occurred since 2012, once again places at the center of the debate a decision with a high strategic impact for companies: to operate under their own top-level domain, that is, to adopt a .brand instead of depending on generic extensions such as “.com” or territorial ones such as “.es”. The application period will remain open until August 12, offering companies the option to take a further step in managing their online presence. A context marked by security and digital trust. The reopening of this process is not accidental. The sustained increase in risks on the internet has highlighted the need to strengthen mechanisms for identifying and protecting brands in the digital environment. In Spain, recent data shows a clear trend: cybersecurity incidents continue to grow, with a particular impact from online fraud and phishing. In this context, phenomena such as cybersquatting (the registration of domains by third parties that reproduce or imitate other brands) continue to represent a relevant threat to companies in all sectors. Given this situation, .brand domains are presented as a tool that allows companies to strengthen their digital identity and create a safer environment for the user. By operating under its own extension, the brand establishes a controlled space in which the authenticity of the content is more easily recognizable. What does operating under a .brand domain entail? Adopting a .brand domain represents a significant change from the traditional domain management model. Although these extensions are compatible with existing ones, they introduce a key difference: the company gains direct control over all domain names generated under its own extension. This means that: The risk of third parties registering similar domains under that extension is eliminated. Legal certainty in online brand management is strengthened. User confidence is improved by unequivocally identifying the business origin of the website. Competitive advantages of .brand domains Beyond protection, .brand domains offer a number of strategic advantages that can have a direct impact on the company's positioning: Unambiguous digital identity A custom domain allows you to build an online presence that is completely aligned with the brand, eliminating ambiguities and reinforcing its recognition. Greater user confidence In an environment where credibility is a critical factor, having your own extension makes it easier for the user to clearly identify that they are interacting with the legitimate company. Flexibility for campaigns and projects. .brand domains allow for the development of more coherent and memorable naming structures for campaigns or projects, increasing their commercial appeal. Impact on visibility and positioning Although it is not the only factor, consistency and clarity in domain architecture can contribute positively to the digital positioning strategy and the overall visibility of the brand. Is this a solution for all companies? Despite their advantages, .brand domains do not appear, at the moment, to be a universal option. Its adoption is conditioned by one main factor: cost. The application fee can be around $220.000, plus an estimated annual maintenance fee of about $25.000. This level of investment places this figure, in principle, within the realm of large corporations. However, we will have to see how these costs evolve in the future. Main challenges in applying for a .brand domain The process of obtaining a .brand domain not only involves a significant financial investment, but also prior strategic planning. Among the main challenges are: Having the trademark registered in the Trademark Clearinghouse. The TLD (Top-Level Domain) must be identical to the registered trademark. Having the appropriate economic and technical capacity to manage your own domain termination. Therefore, rather than an isolated decision, this is an initiative that must be integrated into a global brand and online presence strategy. A long-term strategic decision The opening of the new domain application process represents a relevant opportunity for those companies seeking to strengthen their digital positioning from a structural perspective. .brand domains are not simply an alternative to traditional extensions, but a tool that allows companies to take greater control over their online identity, reduce risks associated with misuse, and build safer and more recognizable digital environments.   José Ignacio San Martín, Associate Partner in the Brands area of ​​Elzaburu.

In international sporting competitions, music is an essential part of the spectacle. In certain disciplines (such as figure skating or rhythmic gymnastics, among others), the musical choice not only conditions the choreography and the performance, but also activates a complex set of intellectual property rights. In public debate, this reality is often simplified by talking about "the rights of a song" as if it were a single authorization. However, from a legal point of view, the use of music in a globally broadcast event involves different layers of rights, owners, and acts of exploitation. Understanding this structure is key to avoiding legal, economic, and reputational risks. Musical composition and phonogram: two distinct rights When a song is incorporated into a sports routine, at least two distinct legal categories are involved. Copyright on the work The musical work (the composition and, where applicable, the lyrics) is protected by copyright. These rights belong to the creators or those who represent them contractually. The protection applies to the intellectual creation itself, regardless of the specific version used. Related rights over the recording (master) The specific recording heard on the track constitutes a phonogram. It is subject to related rights that may belong to the phonographic producer (if there is one) and to the artists, performers or interpreters. The “work” is not the same as the “master” that we usually hear, and that difference is crucial. The different acts of exploitation in sports entertainment The use of music in a sporting event is not limited to the song “playing” in the venue. It is necessary to analyze the different legal acts that occur. Public communication before the audience present. The music played in the pavilion constitutes an act of public communication. This use is usually arranged through specific or general licenses with the corresponding management entities, which in certain cases are managed by the event organizer. Audiovisual recording and exploitation In contemporary sport, the performance is recorded and broadcast through multiple channels: television, streaming, social media and on-demand platforms. From an intellectual property perspective, this implies: Reproduction (fixing the music in an audiovisual recording). Public communication. Interactive availability. In practice, this is articulated through “synchronization” licenses (a contractual term) and, when using a commercial recording, authorizations to use the master. Therefore, what may be sufficient in a national championship may prove insufficient in an international competition. The change is not due to a regulatory variation, but to the territorial scope and the multiplicity of exploitation windows. Adaptations, mixtures and moral rights In many sports routines, the music is not used in its original, complete version. It is common to perform cuts, medleys, or rearrangements. From a legal point of view, when such modifications exceed a sufficient creative threshold to be legally classified as transformations (arrangements) of the work. It wouldn't be enough to "have permission for it to play". Specific authorization from the copyright holder is required. In addition, the moral right of integrity may come into play, which allows the author to oppose alterations that affect their creation. The result is a paradox: the more iconic the music, the more likely the clearance will be a puzzle of headlines, territories, and windows. Hence, federations and organizers promote declarations and pre-authorizations: a risk management that turns the athlete into a manager of musical content with international reach. Sports entertainment is a global audiovisual product. And music is not a license, but several: work, master and audiovisual exploitation. A single flaw in one component is enough to force program changes, generate reputational conflicts, or open the door to financial claims. What consequences can there be to competing without the proper licenses? Using music without the appropriate licenses or permits can lead to financial claims both nationally and internationally. These claims may come directly from the rights holders or from collecting societies if the rights have not been properly licensed. The possible consequences will depend on the type of right infringed, the seriousness of the infringement, and whether there is a recurrence. In some cases an economic agreement can be reached; in others, if an infringement is deemed to have occurred, a judge will determine responsibility and any potential compensation. As for responsibility, it does not fall exclusively on the athlete. Sports federations and event organizers may also be involved. However, the specific distribution and allocation of that responsibility will depend on the contractual reality and the risk management on the part of federations and organizers. In practice, it is common for federations to contractually transfer to the athlete the burden of ensuring that the music used complies with intellectual property requirements. Music generated by artificial intelligence: an evolving scenario The use of music generated by artificial intelligence currently raises numerous questions from the point of view of intellectual property and is a field in regulatory evolution. The legal analysis will depend on several factors, including: The way in which the AI ​​tool was trained. The degree of human intervention in the creative process. The instructions or prompts used. The licenses and conditions associated with the tool used. Furthermore, there are debates surrounding the possible existence of copyright on this type of creation, potential infringements arising from the training data used by the system, and the distribution of responsibilities between the technology provider and the end user. In this context, rather than a single answer, what exists today are different legal approaches that will depend on how the musical creation has specifically developed. Frequently asked questions about copyright in sports competitions: Is a license sufficient for music to be played in the venue? Not necessarily. Public communication in the pavilion does not automatically cover recording, retransmission or making available on digital platforms. Do I need authorization to...Read more

In Qatar, as in other countries where Sharia law prevails, the prohibition of alcohol applies to both citizens and tourists, and therefore it is not possible to sell alcoholic beverages without a special permit. It is possible to consume alcoholic beverages in specific establishments, in hotels and restaurants that have obtained a license, or, if the purchase is for personal consumption, only under certain conditions that affect even the method of transport of the product or the quantity that can be purchased. To respect the country's customs, obviously, it is also not possible to drink alcohol in the street or to be found in a state of intoxication. Qatar 2022 World Cup As a curious anecdote, in an environment like the Qatar 2022 World Cup, the first world championship organized in the Middle East and which presupposed a certain break with certain stereotypes, prejudices and clichés, the sale of alcohol also had its moment of media prominence. According to international press reports, this was the subject of last-minute negotiations between FIFA and Qatari authorities who initially agreed to the sale of beer in restricted areas, but then reversed this decision just days before the tournament's opening. Change in trademark practice in Qatar in February 2026 Well, the country has announced at the beginning of this year 2026 a relevant change in its trademark practice that directly affects the alcoholic beverage sector. Until now, the aforementioned legal limitations surrounding the sale and consumption of alcohol have, in practice, prevented the registration of trademarks for this type of product. Adoption of the 13th edition of the Nice Classification The adoption of the 13th edition of the Nice Classification marks a turning point, by allowing for the first time access to registration in all classes of products and services, from 1 to 45, thus including products in classes 32 and 33 which include alcoholic beverages. Class 32: Beers Class 33: Wines, spirits and alcoholic beverages Opportunity for Spanish and European companies For Spanish and European companies, this represents an opportunity to anticipate the protection of their brands, regardless of other legal, regulatory and social considerations that will determine what can be eaten and drunk in Qatar and that will have to continue to be complied with. Alignment with other Gulf Cooperation Council countries This decision also aligns Qatar's position with that of other Gulf Cooperation Council countries, eliminating administrative barriers, opening a strategic window of opportunity for global brands, and avoiding the need to twist strategies to obtain some protection. Special impact for the Spanish wine and beer sector. Given that our country has one of the largest vineyard areas, is one of the world's largest wine producers, and the beer industry is also an agri-food pillar of our economy, and some of our brands have a presence in international markets, this news will surely generate interest. And not only to protect trademark rights in advance, but also to establish monitoring measures against third-party requests.   Cristina Arroyo, Director of the Foreign Brands Area at ELZABURU

Companies that operate or are based in Asturias have a new avenue of support to protect and manage their intangible assets abroad. Through ASTUREX's International Legal Services in Origin program (a public body responsible for promoting the internationalization of Asturian businesses), in which Elzaburu has recently been approved, it is possible to access specialized advice on industrial property with public funding. This program is designed to support Asturian companies in their internationalization processes, facilitating access to key legal services in the area of ​​trademarks and patents. What do the industrial property grants in Asturias cover? The program allows co-financing of various legal services related to the protection and exploitation of industrial property rights in international markets. Specifically, companies can access: International protection of trademarks and patents: includes feasibility studies for registration in other countries, analysis of infringement risks and definition of protection strategies adapted to each market. Advice on industrial property disputes: covers the management of oppositions, defense against third-party actions and the assessment of legal risks, as well as the definition of response strategies. International portfolio management: includes the review, monitoring and maintenance of rights in different territories, as well as the preparation of reports on their status in target markets. Advice on contracts and commercial transactions: includes the drafting and negotiation of license, franchise, distribution or assignment of rights agreements related to intangible assets. Amount of aid: how much ASTUREX finances. Aid for industrial property in Asturias includes significant co-financing of legal services: Up to 60% of the cost for SMEs. Up to 30% for large companies. ASTUREX finances the cost of fees, in no case expenses related to registration fees or similar, with a maximum of €6.000 per project. Therefore, the investment needed to address international protection processes or defense of rights is significantly reduced, especially in the initial phases of expansion. How to apply for ASTUREX aid Access to the program is through the platform enabled by ASTUREX, where the company must formalize the project application and process the corresponding aid. As approved providers, at ELZABURU we can accompany you throughout the entire process, not only in providing legal advice, but also in managing the aid. This type of aid is configured as a useful tool for companies seeking to begin their internationalization process. Proper protection of trademarks and patents, as well as correct contractual structuring, are key elements to reduce risks and maximize the value of intangible assets in international markets.

Every April 23rd we celebrate World Book and Copyright Day, a date set by UNESCO to highlight the role of books as a vehicle for cultural transmission between generations. Its origin comes from the symbolic date of April 23, 1616, the day on which Miguel de Cervantes was buried, and Inca Garcilaso de la Vega and William Shakespeare died. Beyond the celebration, this day is an opportunity to reflect on something that often goes unnoticed: what lies behind a book from a legal point of view and how a work is truly protected. Copyright in a literary work Copyright recognizes, to whoever creates a work, a series of rights over it from the very moment of its creation. In other words, you don't need to register anything for that protection to exist: it's enough to have written the work. From there, two types of rights come into play: Moral rights, which are closely linked to the person of the author. These include, for example, the right to be recognized as the author of the work, the right to the integrity and disclosure of the work. They are non-waivable and, in some cases, have no time limit. Economic or exploitation rights, which are those that allow authorizing or preventing the work from being reproduced, distributed or transformed. These do have a limited duration which, in Spain, extends throughout the author's life and 70 years after their death. Is it necessary to register a work? One of the most common questions is whether it is necessary to register a work in order for it to be protected. The answer is no: copyright is automatically created upon creation. However, registration may be advisable in certain cases. The Intellectual Property Registry allows for the recording of authorship and the date of creation, which can be especially useful in case of conflict or if it is necessary to prove ownership of the rights. Therefore, when a work is going to be exploited economically or it is planned to transfer rights to third parties, having this support can provide greater legal certainty. How to exploit the rights of a work The value of a work lies not only in its creation, but also in how its exploitation is managed. Economic rights can be assigned or licensed to third parties, such as publishers or other entities, who are responsible for their dissemination and marketing. This means that, in many cases, the author does not directly exploit the work, but authorizes its use under certain conditions. In this context, contracts play a key role, as they allow defining aspects such as: The scope of the rights assigned The duration of the assignment The territory in which the work can be exploited The modalities of use (editing, distribution, adaptation, etc.) Proper regulation of these aspects is fundamental to avoid conflicts and guarantee a correct exploitation of the work. A way to protect creativity. Book Day is, above all, a celebration of reading and of those who make stories possible. But it's also a good time to remember that creativity needs protection. Copyright not only recognizes the author's work, but also allows the works to be disseminated, exploited, and continue to generate value over time. To close this Book Day, we share some recommendations from the ELZABURU team, which reflect different ways of approaching reading: Antonio Castán recommends “The Very Catastrophic Visit to the Zoo”, by Joël Dicker “It is one of those fake children's novels that adults also enjoy reading. It's impossible not to be charmed by the innocence of its characters… it even manages to explain concepts like democracy with humor.” Alba Mª López recommends “Wide Sargasso Sea” by Jean Rhys. “Rhys gives context and depth to the Creole woman locked in the attic, describing her story amidst a lush and dark Caribbean, the social conflicts between the former slaves and the Creoles, the relationship with the metropolis, and the history of the interests and abuses by Mr. Rochester before the lockdown.” Mª Carmen Polo recommends “Invisible”, by Eloy Moreno “A story about bullying told from the eyes of a child. It makes you reflect and doesn't leave you indifferent.” Cristina Arroyo recommends “The Infinite in a Reed”, by Irene Vallejo “A work about the history of the book that deserves to be read and reread. A true marvel.” Irene Gascón recommends “The Pyramid of Thoth” by Pablo Gascón Escobar. “A book resulting from many years of research, combining lighthearted anecdotes with historical topics (told in a very engaging way), and identifying geographical sites that he has discovered are of great relevance to the history of humanity as we know it.” Asís González recommends “Fierce Children” by Lorenzo Silva. “A novel about young boys who end up experiencing the horrors of wars created by politicians who watch them from afar.” It invites reflection on the historical past and the process of literary creation.”

Over the years, co-branding has become established as one of the most widely used marketing strategies by companies. Through this figure, many brands manage to position themselves in the market and gain recognition from consumers regarding their existence. In this article we delve into the secrets of co-branding, revealing everything you need to know to launch a product or service with two or more brands joining forces to create something unique and groundbreaking. Discover the keys to making the most of this formula that is revolutionizing the market and learn about the fundamental aspects you should consider before embarking on a successful collaboration. What does cobranding consist of? From a legal perspective, cobranding cannot be approached solely as a marketing or communication action, since behind every collaboration between brands there is a network of industrial and intellectual property rights, contractual obligations and legal risks that should be identified and properly regulated from the beginning, in order to avoid possible conflicts in the future. As a starting point, it is essential to understand what cobranding consists of. This is a temporary strategic alliance in which two or more companies work together and integrate their brands to develop and present a common product, service, or campaign. This collaboration is based on the creation of a joint proposal, aligned with the essence of each brand, while preserving each one's own identity. It's not just about placing two brands next to each other, but about developing a common proposal that leverages and enhances the strengths of each one. The growing presence of this strategy can be seen in numerous collaborations, such as the one that recently took place in the universe of the Bridgerton series, which has led to various co-branding actions through agreements with brands from different sectors. Specifically, the launch of limited-edition personal care products (Dove), jewelry collections inspired by the series (Pandora), themed food products (Jeni's Ice Cream), or capsule collections in the field of cosmetics (NYX Cosmetics). This type of initiative reflects the commercial reach of co-branding and highlights the need to analyze its legal implications. The main types of cobranding In practice, this strategy has developed various types of cobranding, depending on how and for what purpose the brands involved are used: Ingredient cobranding This occurs when a brand integrates a component, material or technology into a product of another brand, which acts as a guarantee of quality or innovation, in order to add technical value to the product or service. A clear example of this type of co-branding is the collaboration between Milka and Oreo, where Oreo cookies are integrated as a main ingredient in Milka chocolate tablets. Co-branding in communication involves the joint use of brands for communication or promotional actions, without necessarily being integrated into a common product or service. It is usually done in temporary collaborations aimed at advertising campaigns or joint marketing actions to increase visibility and sales in the short term. An example of co-branding in communication would be McDonald's and Coca-Cola; these brands have carried out many joint advertising campaigns for decades. In these campaigns, they have worked together to promote the experience of enjoying a meal at McDonald's with a Coca-Cola. Although they did not create a product, the collaboration in advertising and promotions has been constant, using both logos in advertisements and promotions in restaurants. Another example would be the collaboration between Samsung and Iberia in the "Welcome aboard Galaxy Note 8" campaign, rewarding the loyalty and trust of Spanish passengers who traveled on one of Iberia's flights with a Samsung Galaxy Note 8 mobile phone. Product or service co-branding occurs when companies collaborate to develop innovative products or services or special editions that integrate a specific design, technology, or other creative elements; the aim is to generate differentiation and added value through innovation and creativity. In this case, the brands are used together on the same product or service, usually visibly on the product itself or in its commercial presentation. The collaboration between Lego and Ferrari to create a series of Lego sets that allowed the construction of scale models of Ferrari cars, such as the Ferrari F40, and the collaboration between Disney Pixar and Waze, in which iconic voices from films were used to guide users, generating an immersive experience and joint promotion, are clear examples of co-branding of this type. Legal nature of cobranding From a legal point of view, cobranding should be classified as an atypical business collaboration contract, as it is not expressly regulated in the Civil Code or in commercial legislation. Its validity is based on the principle of autonomy of the will of the parties enshrined in article 1255 of the Civil Code, provided that said contract is not contrary to the law, morality or public order. However, this type of contract has elements typical of other forms, especially trademark licensing agreements, but also collaboration agreements. Unlike a brand licensing agreement, in which a company grants the rights to use its brand to another company in exchange for financial compensation, co-branding involves active collaboration between two or more brands in the design, production and/or promotion of a product or service, in order to create added value and offer a differentiated experience to the consumer. In relation to collaboration agreements, co-branding is a type of collaboration with the peculiarity that companies jointly use their brands in the same product, service or advertising campaign. Co-branding can be formalized through a joint venture or a cross-licensing agreement. In the first case, ...Read more

In the evolution of intellectual property legislation in Spain, Royal Legislative Decree 1/1996, of April 12, whose promulgation marks its 30th anniversary today, is a perfect example of the phenomenon that has plagued this discipline in recent times. We are faced with a system in constant revision, whose laws lack the most basic aspiration of any legal norm: durability. It is worth remembering that this is the Consolidated Text of the Intellectual Property Law, which repealed, barely nine years after its promulgation, the landmark Law 22/1987, of November 11; the latter, in turn, had ended more than 100 years of the reign of its predecessor, the historic Law of January 10, 1879. The 1987 Law would not prove to be so long-lasting. In its nine years of existence, before reaching its majority, the Law had undergone no fewer than five amendments to its articles and up to eight external legislative developments. It is therefore not surprising that the legislator opted for the well-worn formula of a consolidated text to try to harmonize and give an appearance of cohesion to the legal system. Nothing objectionable, of course. What is paradoxical, however, is that the 1996 Consolidated Text did not provide intellectual property with the veneer of stability (that is, legal certainty) that everyone expected. Because the truth is that the Consolidated Text, since its promulgation in 1996, has been subject to no fewer than 22 legislative reforms (to modify, repeal, or add provisions) and more than 11 regulatory developments. In this convoluted evolution, intellectual property has tasted, with or without enthusiasm, every possible recipe on the extensive menu offered by the national legislative landscape (Laws, Royal Decree-Laws, Legislative Decrees, Decrees, Ministerial Orders) and international legislation (WIPO/WTO Treaties and European Union Regulations/Directives). It has also been subject to corrective action through appeals for annulment before the Supreme Court, appeals of unconstitutionality before the Constitutional Court, and preliminary rulings before the Court of Justice of the European Union. It has lacked nothing. After the transposition of the latest Directive on copyright in the digital single market by Royal Decree-Law 24/2021, one might think we have entered a period of regulatory calm. But let's not be naive. On March 10, 2026, the European Parliament adopted a report entitled “Copyright and Generative Artificial Intelligence: Opportunities and Challenges,” which is essentially a call for European Union regulatory action in a field fraught with unknowns. So, the birthday present for the Consolidated Text of the Intellectual Property Law on its 30th anniversary could very well be the announcement of… new reforms! We'll be here to tell you all about it. Mabel Klimt, Managing Partner of Elzaburu

The European Union Intellectual Property Office (EUIPO) has recently refused to register the ROBOTAXI trademark applied for by Tesla to identify vehicles and services related to autonomous transportation. The term is associated with the company's autonomous mobility project, which plans to deploy a network of driverless vehicles for passenger transport. However, the Office has considered that the Robotaxi sign is descriptive of the products and services requested. The decision is especially relevant in a context where emerging technological concepts (such as autonomous driving) generate new terms that are quickly incorporated into common language. In these cases, the boundary between a name that can be registered as a trademark and a merely descriptive term can be decisive for the protection of industrial property assets. Background of the case To understand the EUIPO's decision, we must consider the following applications: The company Robotaxi Ltd applied for EU trademark no. 013813167 ROBOTAXI (March 11, 2015) to designate: Car hire; Vehicle hire; Transport by hire car; Car hire; Taxi services; Passenger transport; Taxi services; Facilitation of hire vehicles for passenger transport. This trademark was granted on 21/10/2015 without opposition. Subsequently, Monsieur ZOUBIER HARBAOUI applied for the French trademark No. 716940 ROBOTAXI (on December 30, 2020), for classes 9, 12, 39, 42. This registration was granted on June 2, 2021. Recently, Testa, Inc. has applied for EU trademark nº 019171190 ROBOTAXI which designates products in class 12 (Land vehicles; electric vehicles, namely automobiles; automobiles; and structural parts therefor) and services in classes 39 (Leasing of motor vehicles; transportation and storage of automobiles; transportation of passengers and goods; coordinating travel arrangements for individuals and for groups, namely, arranging time-based ridesharing services for individuals and for groups; vehicle rental services; vehicle sharing services, namely, arranging and coordinating temporary use of vehicles; transportation and delivery services, namely, monitoring, managing, and tracking of transportation of persons and delivery of goods and packages; namely, arranging and coordinating peer-to-peer vehicle sharing and rental services). Decision In this case the EUIPO has rejected the application since it understands that the ROBOTAXI sign is descriptive of the products and services requested. Specifically, it understands that for relevant audiences it will be perceived as a “Taxi driven by a robot; automatic non-human driven vehicle, intended for personal transportation.” Testa, Inc. It appears that he argued in his defense that the Office has accepted very similar signs, some of them even submitted by the same applicant, and that it must ensure that comparable cases are resolved in a comparable manner, unless an objective and factual distinction justifies a different outcome. However, the EUIPO points out that "decisions concerning the registration of a sign as a European Union trademark (...) are taken in the exercise of circumscribed powers and are not a matter of discretion." Consequently, the registrability of a sign as MUE must be assessed in accordance with the provisions of the EU Trademark Regulation and not on the basis of the Office's previous practice. It also notes that market practices, languages, and examination practices evolve over time, and some of the cited trademarks were accepted because, at the time of their application, they were considered registrable, even though that is no longer the case today. Conclusion The EUIPO has rejected the application for the ROBOTAXI trademark because it considers it descriptive, but it should be noted that this is not contradictory to previous decisions since: It is not bound by previous decisions either of the EUIPO itself or of other offices (such as the French one). The criteria used in previous applications do not necessarily conform to the criteria currently applied, given that linguistic usage varies over time. Elzaburu and trademark advice: Protecting distinctive signs in emerging technology sectors requires carefully analyzing registrability requirements, especially regarding distinctiveness and the risk of a term being considered descriptive of the products or services it identifies. At Elzaburu we advise national and international companies on the design of trademark registration strategies, monitoring of trademark portfolios and defense of their rights before offices and courts.   Marta Rodríguez, Associate Partner in the Brands area of ​​Elzaburu.

April marks World Intellectual Property Day on the calendar, which this year focuses on sport as an engine of innovation and economic development. In this context, basketball has established itself as a clear example of how a sport can transcend competition to become an ecosystem of intangible assets. To delve deeper into this reality, we spoke with Blanca Palacín, a lawyer in the trademark area at Elzaburu, about the role that intellectual property plays in this industry. How does basketball contribute to the development and protection of intellectual property in sport? Basketball is playing an important role in the development and protection of intellectual property in the sports field, serving as a key example of how intellectual property rights are used to protect and market intangible assets. The NBA pioneered an economic model based on the exploitation of audiovisual rights, brand protection, and merchandising licenses, which is managed globally and generates large revenues. This practice has encouraged other sports leagues to adopt similar approaches, creating complex legal structures to protect content and brands internationally, ensuring the exclusivity of rights and preventing their unauthorized use (such as illegal streaming or the sale of counterfeit products). In short, basketball contributes to the development of intellectual property by generating valuable brands (teams, leagues, players, etc.), relying on audiovisual rights for its financing, and requiring legal protection to prevent misuse of distinctive signs and content. What intangible assets are most valuable in basketball from a legal perspective? Currently, the most valuable assets in the basketball industry are primarily audiovisual rights, brands, player image rights, and sports data and analytics technology. Audiovisual rights: The rights to broadcast matches and related content are a crucial source of income, which are protected by copyright and exploitation contracts. Trademarks Leagues, federations, teams and players register trademarks to protect their image and generate income, either on their own behalf or through licensing. The marketing of sports brands is one of the main sources of income for the industry. Some examples of trademarks registered with the European Union Intellectual Property Office (EUIPO) include: Euroleague, Liga U, VALENCIA BASKET or Santi Aldama. Furthermore, sponsorship from other brands plays a crucial role in the economic ecosystem of sport, helping to improve the brand image of both the sponsors and the league, team or player in question. Endesa's sponsorship of the ACB and the Women's League is a clear example of how a brand can link its image to a sports league. Image rights The exploitation of players' images is a fundamental asset in all sports, including basketball. They allow control of the commercial use of the name, face and other identifying features. Technology: Data protection and technology in basketball have become increasingly important in recent years due to the growing use of big data, advanced technologies, and performance analysis. These tools not only help improve the game and the fan experience, but also create valuable assets that require adequate legal protection to prevent unauthorized use, information theft, and illicit exploitation. Its use is primarily regulated by license agreements, copyright, and personal data protection regulations. Why do basketball players register their name or logo as a trademark? Registering players' names, celebrations, or iconic gestures as a trademark grants them, on the one hand, an exclusive right of use and, on the other hand, allows them to prevent unauthorized use by third parties. This exclusive right not only protects their commercial identity, but also gives them control over its economic exploitation, thus ensuring continuous income that goes beyond their sporting career, even after their retirement. Players like the Gasol brothers or Santi Aldama have registered distinctive signs linked to their identity, consolidating their legacy both on and off the court. Is basketball an intellectual property industry as well as a sport? Undoubtedly, basketball has become a true intellectual property industry, as its economic value depends largely on intangible assets such as brands and audiovisual rights. The exploitation of these rights on different platforms, video games or merchandising demonstrates that basketball transcends sports to become a global business based on the creation and management of intellectual property. Conclusion: from the parquet floor to the intangible. Basketball reflects how the sport has been progressively incorporating an economic dimension increasingly linked to intangible assets. Beyond competition, the generation, protection and exploitation of intellectual property rights are now an essential part of its development and sustainability. In this environment, the correct legal management of trademarks, audiovisual rights, technology or image rights is key to maximizing the economic and reputational value of clubs, leagues and athletes. As in other innovation-intensive sectors, intellectual property not only protects, but also structures the business model.   At Elzaburu we support companies, sports entities and professionals in the identification, protection and strategic exploitation of their intangible assets, adapting each strategy to an increasingly global and competitive environment.

The Spanish Patent and Trademark Office (OEPM) has published the 2026 call for aid to promote patent and utility model applications, a key initiative to boost the protection of Spanish innovation both nationally and internationally. The extract of the call for applications was published in the Official State Gazette on March 24, 2026, establishing a limited application period that should be kept in mind. Application deadline: key dates The deadline for submitting applications: Start: March 25, 2026 End: April 24, 2026 (inclusive)* *On Tuesday, April 21, 2026, the extension of the deadline for submitting applications was communicated by 14 calendar days, starting from the day after the end of the period initially foreseen in the call. The application must be made electronically through the OEPM's electronic office. Since this procedure requires gathering and justifying technical and economic documentation, it is recommended to prepare and submit the application well in advance to ensure its correct processing within the deadline. Objective of the aid The call aims to promote and internationalize inventions of Spanish origin, partially financing the costs associated with protection through patents and utility models. Specifically, these grants aim to: Promote the use of industrial property; Facilitate access to international markets; Improve the competitiveness of Spanish companies and innovators. To this end, the OEPM has allocated a total budget of 5.300.000 euros on a competitive basis. Aid programs: national and international The call is structured in two different programs: 1. Program for applications abroad This program is aimed at financing the costs associated with the international protection of inventions. Who can benefit? Individuals, SMEs, Large companies, Private non-profit institutions. In all cases, they must have residence and tax domicile in Spain. What expenses are subsidized? Funding is provided for activities related to the international extension of patents and utility models, including: Applications to foreign or regional national offices; Application procedures, search report, examination or grant; European Patent Office (EPO) annuities; European patent validation; PCT international procedures (application, international search and preliminary examination). Eligible period: Expenses must have been incurred between 1 January 2025 and 31 December 2025. 2. Program for national applications This program is aimed at encouraging the protection of inventions in Spain. Who can benefit? Individuals and SMEs: What activities are financed? Spanish patent and utility model applications Application procedures State of the art report Substantive examination (in the case of patents) These actions must have been published in the Official Bulletin of Industrial Property (BOPI) during the years 2023, 2024 or 2025. Aid for patents and utility models The OEPM 2026 aid is a relevant tool to reduce the costs associated with the protection of inventions, especially in internationalization processes. Proper preparation of the application and supporting documentation can be crucial in these types of calls for proposals, so having specialized advice is key to maximizing the chances of accessing these grants. At Elzaburu, we have a team of professionals with extensive experience in managing patent and utility model applications, as well as processing these types of grants, supporting companies and innovators throughout the entire process, from strategic planning to the final justification of the aid.