Trademark

The issue deals with something quite common, which is when a company (or person) has registered trademarks that include the expression "property manager", and sues another because they use phrases like " property management " or "property manager" in their advertising to offer that same activity . The question is whether, by having the trademark registered, they can prohibit anyone from using those words.

The Supreme Court (TS) explains that, although a trademark gives the right to prevent others from using confusing signs , that right is not unlimited. There is an important limit , which is when someone uses an expression simply to describe the service they provide describe the service it provides (and does so loyally), the brand owner cannot prevent it (LM art. 37. b). The underlying idea is that words that describe activities or services must continue to be available to everyone in the market, and not "held hostage" by whoever registers them within a brand.

For the SC, "property management" and "property manager" are commonly used expressions that, in practice, name the service of managing real estate or communities itself. Therefore, if a third party uses them with informative intent (to say "this is what I do") and not as if they were their "hallmark" or their brand, there is no infringement.

In addition, the SC values that the defendant used the expression to indicate the services of their consultancy and that it was not stated that they presented themselves as a certified property manager , nor did they add elements that would confuse them with the mixed brands registered by the other party. It also recalls that this activity does not require mandatory certification , so that expression cannot be turned into something reserved for a few.

Therefore, the trademark owner cannot prohibit the use of "property management" if it is used in a descriptive, fair manner and without making it seem like it belongs to a professional association or using it as an indication of business origin.

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