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Amendments to Trademark Laws

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Jan 15, 2019
Spain
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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