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AMENDMENTS TO THE SPANISH TRADEMARK LAW

As we advanced last November, the new trademark law came into force on 14th January.

One of the new features is the possibility of registering new types of trademarks, such as holograms, shape trademarks, sound trademarks, multimedia trademarks, position trademarks, colour per se or motion trademarks, so the first applications for motion trademarks are already arriving! In our office we will inform you of the details and requirements for registration.

Regarding the changes that affect the opposition system and that we have already advanced to you, these have not been implemented until the approval of an Execution Regulation. In spite of this delay, we do not want to fail to highlight important aspects to be taken into consideration:

In the opposition proceedings the opponent may be required to provide proofs of use of its earlier trademarks on which the opposition is based, provided that these have been registered for more than 5 years on the date on which the mark challenged with the opposition was applied for (or for which priority is claimed).

Therefore, we recommend that you keep in mind to record the use of the trademarks, either through catalogues, invoices, advertising and other means with which it can be accredited.

It is therefore advisable to conduct a review of your trademark portfolio in order to identify those trademarks that could be vulnerable because they are not in use or because there is no evidence of it. As always, we offer to assist you to draw the best strategy according to your interests.


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