Action of nullity and revocation of trademarks in Spain

Bárbara Hernández, Attorney at Law at BALDER, highlights the key points in her article in CincoDías – El Pais.

Almost six months have already passed since the trademark nullity and revocation actions have been transferred to the Spanish Patent and Trademark Office. Lawyers specialized in trademarks and the lawyers of the Administrative Revocation and Invalidity Unit have been working hand in hand, advancing and learning together in the development of these procedures, with a fluid and collaborative dialogue. The evidence to date suggests that this change may significantly favor the management of trademark rights, significantly improving trademark rights management in Spain.

The key highlights of these changes are:

* Trademark nullity and revocation now fall under the SPTO, making proceedings faster and more affordable.
* The SPTO created a specialized unit and online system to handle the new workload.
* Over 100 applications were received in the first six months, showing demand for these new procedures.
* Processing times are speeding up, with applications and evidence transferring to owners within weeks.
* Decisions are aimed to be issued within 20 months, a comparable timeline to the previous system.

You can read the full article here: https://cincodias.elpais.com/cincodias/2023/06/27/legal/1687850161_307073.html

If you have any further questions regarding these new processes, don’t hesitate to reach out to our dedicated BALDER team! We look forward hearing from you!