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Amendments to Trademark Laws

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Jul 11, 2017 (Newsletter Issue 13/17)
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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