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Amendments to Trademark Laws

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Feb 10, 2022 (Newsletter Issue 2/22)
Spain
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Modification of 3 Main IP Laws Proposed


In October 2021, the Council of Ministers of the Spanish Government authorised the text of the preliminary draft law prepared by the Spanish Patent and Trademark Office (SPTO) amending the following main intellectual property laws:

1. Trade Mark Act 17/2001 of December 7, 2001;
2. Legal Protection of Industrial Design Act 20/2003 of July 7, 2003; and
3. Patents Act 24/2015 of July 24, 2015.

Some of the proposed amendments to the Trademark Law are the following:
- New exceptions have been introduced to the revocation of a trademark on the grounds of a lack of renewal where there are registered seizures, a claim action or bankruptcy proceedings underway.
- In invalidity and revocation proceedings in which the owner of the invalid or revoked trademark has acted in bad faith, the action for compensation for damages must be filed before the civil court.
- The articles referring to grounds of refusal for collective and certification trademarks will be applicable to international trademarks as well.
- In the transformation of EU trademarks, the requirements for signs will be brought into line with those established for applications of national trademarks or trade names.
- The requirement for graphic representation has been eliminated for trade names.
- The new procedure, brought about by reform in 2018, is being introduced, in addition to a legal power of the Minister of Industry, Trade and Tourism to modify the maximum terms of resolution related to distinctive sign procedures, upon proposal by the SPTO.
- Following procedural changes introduced in the 2018 reform, the amount of the opposition fee is updated to reflect the service now provided.

It is expected that the law amending the three main IP laws will be approved before the end of 2022.

Source: www.ga-ip.com; www.brandwrites.law