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Spain (ES)

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Latest News: Apr 04, 2019
IP Office Will Not Accept Merger Request of Intl. Registration
Spain has notified WIPO in accordance with new Rule 27ter(2)(b) of the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (the Common Regulations), which entered into force on February 1, 2019.

In the said notification, the IP Office has declared that its law does not provide for the merger of registrations of a mark and that, as a result, its Office will not present to the International Bureau of WIPO requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).

For further information, please click here


Source: www.wipo.int

Jan 15, 2019
Trademark Law Amended
The Royal Decree 23/2018 of December 21, 2018, implementing the Trademarks Directive 2015/2436 was published at the Official State Gazette on December 27, 2018, and entered into force for its main part on January 14, 2019.

Some of the most important changes are the following:
- No graphical representation requirement any longer
- Right to apply for registration: Any natural or legal person, regardless of nationality or place of residence or establishment, may apply for a trademark or trade name.
- New wording of absolute grounds prohibitions in Article 5
- Renowned or reputed trademarks: Concept of well-known/notorious trademarks is eliminated, while the concept of reputation is maintained introduced.
- Licensee rights: The licensee may only bring an action for trademark infringement with the proprietor’s consent, while the exclusive licensee will be entitled to bring an action if the trademark proprietor has failed to do so after having been asked by the licensee. Also, the licensee may intervene in proceedings initiated by the trademark proprietor to obtain compensation from the infringer.
- Rights conferred by the registration: Registration of a trademark does not confer on its owner immunity from infringement actions.
- Goods in transit

Cancellation and invalidity proceedings will be administrative proceedings before the Spanish Patent and Trademark Office. This amendment will enter into force on 14 January 2023.

Please note that the Spanish survey has been updated accordingly by our contributor Zivko Mijatovic & Partners, Spain.


Source: www.abg-ip.com; www.hoffmanneitle.com

Jan 30, 2018 (Newsletter Issue 2/18)
Withdrawal of Declaration of Hague Agreement
On December 26, 2017, the Spanish Patent and Trademark Office (OEPM) withdrew from the declaration for the application of level three of the standard designation fee made on January 1, 2008, under Rule 12(1)(c)(i) of the Common Regulations under the 1999 Act and the 1960 Act of the Hague Agreement (refer to Information Notice No. 4/2008).

The said withdrawal shall take effect one month after the receipt, namely on January 26, 2018. As a consequence, level one of the standard designation fee shall apply where Spain is designated in an international application filed on and after the said date.
January 24, 2018.

Source: www.wipo.int


Jul 11, 2017 (Newsletter Issue 13/17)
Draft Bill Partially Amending Trademark Act Published
The Spanish Patent and Trademark Office (SPTMO) has published a Draft Bill (in Spanish only) that partially amends the Spanish Trademark Act 17/2001 of 7 December in order to incorporating Directive 2015/2436 of the European Parliament and of the Council of December 16, 2015.

The most important modifications proposed are the following:

-Remove the difference between a notorious and a well-known trademark
-In opposition proceedings, the applicant shall be entitled to require proof of use of the earlier trademark on which the opposition is based.
-Remove the graphical representation requirement from the definition of a trade mark.
-The SPTMO shall be competent to directly rule on the invalidity or revocation of national trademarks.

All the modifications, with the exception of the introduction of the administrative cancellation proceedings before the SPTMO, will enter into force on January 14, 2019 upon the adoption of the Draft Bill.

Source: ABG Patentes, Spain


Jul 11, 2017 (Newsletter Issue 13/17)
Effect Date of Protection of IR of Industrial Designs Changed
On May 30, 2017, WIPO received from the Spanish Patent and Trademark Office (OEPM) an official letter indicating that Patent Law No. 24/2015, of July 24, 2015, which came into force on April 1, 2017, introduced modifications to paragraphs 4 and 5 of Article 76 of the Law 20/2003 of July 7, 2003, on the Legal Protection of Industrial Designs.

As a consequence of those modifications, the protection conferred by the international registration of a design shall take effect in Spain from the date of its publication by the International Bureau, provided that said registration is not the subject of a refusal of protection.

The previous communication from OEPM concerning the declaration under Rule 18(1)(c) of the Common Regulations under the 1999 Act and the 1960 Act of the Hague Agreement is withdrawn (please refer to Information Notice No. 12/2011).

The said withdrawal took effect on May 30, 2017.

For further information, please click here

Source: www.wipo.int


Mrz 29, 2017 (Newsletter Issue 6/17)
New Patent Law in Force Soon
The new Patent Law 24/2015 will come into force on April 1, 2017, for all Spanish patent and utility model applications filed as of this date. Patents and utility models applied for on previous dates will not be affected by the provisions of the new law.

Among the most remarkable changes, a mandatory substantive examination of patentability is introduced and a 50% discount will be applied on most fees in the case of SMEs and entrepreneurs.

Source: Ponti, SLP, Spain


Nov 25, 2014 (Newsletter Issue 18/14)
F-Filing for Designs Now Implemented
The Spanish Patent and Trade Mark Office (OEPM) has implemented e-filing for designs, developed under the framework of OHIM's Cooperation Fund.
E-filing for designs offers a simple and intuitive online registration process, making the design application process easier and quicker for users.

The new OEPM e-filing system is available at here

Source: www.tmdn.org


Jan 18, 2013 (Newsletter Issue 1/13)
Official Fees Increased
The Spanish Patent and Trademark Office (SPTO) has announced that the official fees for filing a trademark has been increased for 2013.

The official fee for a trade mark application if filed in paper is now EUR 141.73 for a single class and EUR 91.81 for each additional class; if e-filing is used the official fees are EUR 120.47 for a single class and EUR 78.04 for each additional class.

Source: Zivko Mijatovic & Partners, Spain


Jan 23, 2012 (Newsletter Issue 1/12)
Opt Out of Community Search System
The Oficina Española de Marcas y Patentes (OEPM) has opted out of the community search system effective as of January 1, 2012.

CTM applications with national search requests and a reception date in 2012 with will not be sent to the Spanish Office and the applicable fee will belowered to €120 from January 1, 2012 onwards.


Source: www.oami.europa.eu

Jan 01, 2011 (Newsletter Issue 1/11)
Official Fees Reduced
The Spanish Patents and Trademarks Office (OEPM) has reduced the official fees for 2011.

The official fee for a trademark application is EUR 138,94 for a single class and EUR 90,00 for each additional class.

Please check the official fees here


Sep 04, 2010 (Newsletter Issue 14/10)
Publication of Suspended Trademarks and Tradenames
The notification for trademarks and tradenames suspended by the Spanish Patent and Trademark Office due to formal or absolute grounds, will be published in the Spanish Official Bulletin of Industrial Property, effective by July 19th, 2010.

For more information please click here


Mrz 15, 2010 (Newsletter Issue 8/10)
E-Filing of Trademark Applications
Starting from 2010 the Spanish Patent and Trademark Office (SPTO) is giving online access for citizen to public services. The SPTO has made available online procedures for e-filing of applications, renewals, appeals, assignment and licence recordations, issuance of certifications or amendments in the entered owner's name or direction.

For more information please click here


Aug 17, 2009 (Newsletter Issue 2/09)
Official Industrial Property Gazette Published Electronically Daily
In Spain, there was a change at the end of July 09: at the present time the Official Industrial Property Gazette is published electronically daily now. Before, it was published on the 1st and 16th of each month.


Legal basis is the Trade Mark Act 17/2001, 7th of December (amended by Royal Decree Law 23/2018 approved by the Council of Ministers on 21 December and published on December 27) to implement the EU Directive 2015/2436. Spanish trademarks are protected in the continental territory as well as on the Balearic Islands, the Canary Islands and the territories of Ceuta and Melilla in Northern Africa (the territory of Spain).
Spain is a member of the Madrid Agreement, the Madrid Protocol, the Singapore Treaty on the Law of Trade Marks and of the European Union.
Trade mark protection is obtained by registration.
Nice classification, 11th edition
Registrable as a trademark are signs, especially words, including names of persons, drawings, letters, figures, colours, the shape of a product or its packaging, or sounds, provided they are appropriate for:
a) distinguishing the products or services of a company from those of other companies and
b) being represented in the Register of Marks in a manner that allows the competent authorities and the general public to determine clearly and precisely the object of the protection granted to its owner.
The following trade mark types are registrable: trademarks, trade names, collective marks and certification marks.
The application is filed at the Spanish Patent and Trade Mark Office. E-filing is available.
Multiple-class applications are possible, upon payment of fees.
Foreign applicants, any owner/applicant without an address in the European Union (EU) or European Economic Area (EEA) will have to have an industrial property agent to act before the Spanish Office.
A non-legalised power of attorney is sufficient, but the original power is compulsory upon requirement by the Spanish Patent and Trademark Office.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and an examination on absolute grounds for refusal, but no search for prior trademarks. With the implementation of the EU Directive 2015/2436, protected geographical indication (IG), protected designation of origin (DO), traditional specialties guaranteed for wine and food, as well as signs that consist or reproduce in their essential elements a previous plant variety’s denomination, have become potential absolute bars for refusal of trademark protection.
Relative grounds for refusal are only examined if opposition is filed by third parties with prior rights. Sometimes, the Spanish Patent and Trademark Office carries out a prior rights examination and sends a communication to those prior owners.
The processing time from first filing to registration or first office action is approx. 6 to 12 months.
An accelerated procedure is possible upon payment of a fee. Before registration, the trade mark application is published in the “Boletin Oficial de la Propiedad Industrial” (BOPI), issued daily. Notices of registrations and rejections are published as well as other modifications of rights.
National:
The opposition period against national filings is 2 months from publication date of the application.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
Protection begins with the final registration, but dates back to the date of application, although a provisional protection is provided by Law since the date the trademark application was published. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
Trade marks applied for prior to May 12th, 1989 are valid for 20 years from the date of registration. Renewals are valid for 10 years after May 12th, 1989.
A trademark may be renewed paying a fine within 6 months subsequent to the expiry date.

Further practical details are available in our publication on this topic here
If the trade mark has not been used within 5 years from the registration or if such use has been suspended during 5 continuous years, it may be subject to revocation. Subsequent use of the trade mark can restore protection if no party has requested revocation due to non-use in the meantime.

Further practical details are available in our publication on this topic here
The official fee for a trade mark application if filed in paper is EUR 147.49 for a single class and EUR 95.55 for each additional class; if e-filing is used the official fees is EUR 125.36 for a single class and EUR 81.21 for each additional class. There are no official fees for publication or registration.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
Jan 15, 2019
Zivko Mijatovic & Partners, Alicante, Spain  

Jun 30, 2017
Zivko Mijatovic & Partners, Alicante, Spain  

Mai 12, 2016
Zivko Mijatovic & Partners, Alicante, Spain  

Nov 10, 2014
MGM Patents Y Marcas, Madrid, Spain

Jun 20, 2013
Curell Sunol, Barcelona, Spain

Apr 19, 2013
MGM Patents Y Marcas, Madrid, Spain

Nov 03, 2011
Curell Sunol, Barcelona, Spain
MGM Patents Y Marcas, Madrid, Spain



Ibidem Law&Strategy

Juan de la Cierva, 43 - 2 - 1.1
03203 Elche
Spain (ES)

Esquivel Martin Pinto & Sessano

Paseo de la Castellana, 141. Piso 21
28046 Madrid
Spain (ES)

iGlobax Patents & Trademarks

Jose Galan Merino s/n Edif. CREA
41015 Seville
Spain (ES)

Tecnopatent IP Law

c/ Pedrezuela, 1, 211
28029 Madrid
Spain (ES)

Balder

Paseo de la Castellana 120
28046 Madrid
Spain (ES)

Abecsa Patentes Y Marcas S.L.

C/ Alcalá, 117, 2º Izqda.
28009 Madrid
Spain (ES)

Spanish Patent and Trademark Office (OEPM)
Paseo de la Castellana, 75
28046 Madrid
Spain
Tel +34 902 157 530
Fax +34 91 34 95 597
Mail registro@oepm.es
www.oepm.es

European Union Intellectual Property Office (EUIPO)
Avenida de Europa, 4
03008 Alicante
Spain
Tel +34 965 139 100
Fax +34 965 131 344
Mail information@euipo.europa.eu
www.euipo.europa.eu


World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int