Amendment of the Spanish Trade mark Law

17.01.2019

Last  January 14th 2019, the Royal Decree-Law 23/2018 on Modification of Law 17/2001 on Trade marks entered into force. The purpose of this reform is to harmonize the Law with Directive (EU) 2015/2436. To this end, it introduces the following new features:

In the first place, the reformed Law facilitates the registration of trade marks or trade names to any natural or legal person, including public law entities, regardless of their nationality or residence of the applicant. 

Secondly, the graphical representation requirement in new trade mark applications no longer applies. Now, Article 4(b) only  establishes that the sign must be represented in such a way as to determine the clear and precise object of the protection afforded to its proprietor.

Thirdly, with regard to the registration procedure, the amended Law implements a new prohibition that prevents access to the registration of a trade mark that consists of or reproduces the denomination of a plant variety and strengthens the protection of designations of origin and geographical indications. Both may be grounds for absolute refusal and opposition (Article 5).

Fourthly, the category of well-known mark disappears and a single category is established: the renowned trade mark or trade name, which is understood to be one that is known by a significant part of the public interested in the products or services (Article 8). Fifthly, it introduces the possibility for the applicant to request proof of use from an opponent to prove that the previous trade mark used as a basis of the opposition has been effectively used, provided that the mark has been registered for at least 5 years  (Article 21).

Lastly, it establishes the possibility of being able to process an application for nullity or revocation of a trade mark or trade name before the Spanish Patent and Trade mark Office (OEPM), which will come into force from January 14, 2023.

Written by: Cristina García Alzina

Edited by: Athena Poysky

 

Source:https://www.boe.es/buscar/act.php?id=BOE-A-2001-23093&b=14&tn=1&p=20181227#a8

Image: https://pixabay.com/es/registrado-marca-registrada-marca-98574

Source:https://www.boe.es/buscar/act.php?id=BOE-A-2001-23093&b=14&tn=1&p=20181227#a8

Image: https://pixabay.com/es/registrado-marca-registrada-marca-98574/



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