The procedures for granting trademarks are simplified for the benefit of citizens and businesses. This represents a significant step forward in the fight against piracy because it will be possible to prohibit the use of a trademark and prevent the introduction of goods without having to prove that they will be marketed.
Following the approval by the Council of Ministers on 23 July of the Draft Law amending the Trademark Law 17/2001 and adapting it to European Directive 2015/2436, Community legislation is harmonised and the registration and management of trademarks is facilitated.
The regulation introduces new material and procedural aspects and provides greater homogeneity to the trademark systems of the Member States. This avoids distortions in the functioning of the Single Market, which affect businesses.
The new regulation represents a significant step forward in the fight against piracy, as it establishes the possibility of prohibiting the use of a trademark and preventing the introduction into the country of goods bearing an unauthorized trademark identical to the registered one, or that cannot be distinguished in its essential aspects, without the need to prove that these goods are going to be marketed.
One of the main new features of the regulation is the elimination of the requirement that the distinctive sign had to be represented graphically. In order to adapt to new technologies, once it comes into force, the trademark may be represented by any means (sound, video, hologram, etc.), provided that the object of the protection granted to the owner can be clearly determined.
Furthermore, the protection of designations of origin and geographical indications is strengthened by systematizing absolute prohibitions, that is, those signs that cannot be registered. On the other hand, the concept of a well-known trademark disappears and only the category of a renowned trademark or trade name is foreseen, one that is known by the general public, which will grant it special protection.
As regards the procedure, the legitimacy to oppose the registration of a trademark is regulated in detail and the procedures for its renewal are streamlined. The text attributes direct competence to the Spanish Patent and Trademark Office (OEPM), dependent on the Ministry of Industry, Trade and Tourism, to declare the causes of nullity and expiration of a trademark, also streamlining said processes.
Benefits for companies
The new system will facilitate the registration and management of trademarks in the European Union and in Spain.
The need to prove the use of a trademark will help to eliminate the creation of unjustified monopolies. This is a novel mechanism for Spain, which reinforces the activity of the Spanish Patent and Trademark Office, which is dependent on the Ministry of Industry, Trade and Tourism.
The new legislation will offer users agile administrative procedures for declaring the nullity and expiration of registered trademarks, leaving the judicial route for disputes of greater economic significance.
Ultimately, this rule will improve the functioning of the internal market, increase legal certainty for EU citizens and facilitate the elimination of unjustified monopolies.
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