NEWS
SPAIN IMPLEMENTS THE ADMINISTRATIVE PROCEDURE FOR THE CANCELATION OF MARKS AS OF JANUARY 14, 2023
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Several amendments were entailed to Spanish Trademark Act 17/2001, after the transposition of Directive (EU) 2015/2436 of the European Parliament and of the Council, of December 16, 2015.
Among these modifications, as of January 14, 2023, the Spanish Patent and Trademark Office will have direct and exclusive jurisdiction for the substantiation of proceedings for the declaration of invalidity or revocation of a trademark, with the exception of the possibility of raising these claims through counterclaim actions.
In this regard, the civil jurisdictional procedure is replaced by an administrative procedure, which is expected to involve lower costs and less time.
The SPTO has published a guide (Manual Informativo sobre Nulidad y Caducidad) available through its official website, in order to resolve possible queries and uncertainties about these new procedures.
Legislative developments in Spain
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While the Spanish Government has begun the process to amend the laws of Trademarks, Designs and Patents, with the aim of adapting national regulations to the reality of the dynamic market of Industrial Property and, with this, providing greater clarity and legal certainty to the industrial property system users (the text of the Bill can be consulted here).
EUTM in the UK after Brexit
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The Brexit transition period is coming to an end. EU trade marks will no longer have force in the UK from January 1, 2021. EUTM will be still in force in all the other 27 EU Member States.
The European Commission has just published the Report on the evaluation of EU legislation on design protection.
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The purpose of this study is to analyse to what extent the EU legislation on design protection has achieved its objectives in terms of efficiency, effectiveness, relevance, coherence and EU added value.
TRADEMARK PROTECTION
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Adequately protection of intangible assets is becoming increasingly important, both for the relationship with consumers and against third-party competitors and, unfortunately, potential infringers.
Among these intangible assets are trademarks, which, given the value and importance they can have for the success of a product in the market, must be adequately protected.
CARLOS POLO & ASOCIADOS included in WWL Trademarks 2020 Ranking.
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It is a great satisfaction to inform that our firm has been included in the WWL Trademarks 2020 ranking within the leading trademarks lawyers who are recognised for their broad-ranging expertise across the field of trademark law, assisting clients of all sizes with a wide range of matters, including prosecution, enforcement, portfolio management and dispute resolution.
Since 1996 Who’s Who Legal has identified the foremost legal practitioners and consulting experts in business law based upon comprehensive, independent research.
NORMAL CONTINUITY OF OUR BUSSINESS ACTIVITY
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Given the evolving situation of Covid-19 virus in Spain, Carlos Polo & Asociados wants to thank its colleagues and associates for the kind and thoughtful messages that we have received.
We also want to convey that we have taken all the sanitary and working measures to ensure the safety of our staff and the correct and full operation of our offices in Madrid and Alicante. In particular, we have taken all the necessary measures to enable our staff to work remotely and to conduct meetings through telematic means, should this become necessary.
