Frisby España S.L. has requested the European Union Intellectual Property Office (Euipo) to suspend the nullity procedure for the 'Frisby' trademark, initiated by Frisby S.A. BIC. The company argues that pending processes could affect the final decision. It also challenges the usage proofs submitted by the Colombian counterpart.
Frisby España S.L., led by businessman Charles Dupont, has requested the suspension of nullity file n.º 000073609C before the Euipo, pursuant to article 71.1.b of Delegated Regulation (EU) 2018/625. This provision allows pausing procedures when other cases might influence the outcome. Currently, four caducity procedures for non-use are ongoing before the Euipo and the Spanish Patent and Trademark Office (Oepm), which could determine the validity of the disputed trademarks.
The European company claims that the usage proofs provided by Frisby S.A. BIC 'do not accredit real and continued use in Europe'. In the coming days, Frisby España will submit final observations requesting revocation of rights for 'lack of serious use'. It also emphasizes its transparency policy: 'For institutional transparency, and unlike its counterpart, Frisby España has not requested extended confidentiality clauses', the statement notes, pointing out that all its documents are public in the Euipo's electronic register.
Meanwhile, the company will appear before the Alicante courts to respond to precautionary measures promoted by Frisby S.A. BIC, which it deems 'carentes de fundamento y desproporcionadas' or lacking foundation and disproportionate. Frisby España is confident that Spanish justice will recognize 'the lack of basis for such actions'. The interest generated by the brand has coincided with 'one of the best exercises' for the counterpart in Colombia, according to the European firm.
This dispute highlights tensions in intellectual property rights between namesake companies across continents.