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March 2024 | Bulletin num.164 |
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Assessment of the first year invalidity and revocation proceedings for distinctive signs at the SPTOJanuary 14 marked one year since the entry into force of the Resolution on the administrative invalidity and revocation of distinctive signs, by which the SPTO assumed competence over these procedures. In this first year, 463 applications were received; of which 253 were for invalidity proceedings and 211 for revocation. Of these, more than half were resolved, specifically 236 files, of which 105 were for invalidity and 131 for revocation. These data show that the SPTO, through the Distinctive Signs Department, has sufficient capacity and solvency to carry out this competence. These procedures can be used to request the declaration of invalidity or revocation of the trademark, trade name or international trademark registration with effect in Spain if any of the grounds set out in Law 17/2001, 7th December, on Trademarks apply. In the case of invalidity, the grant of the registration is declared invalid, while the purpose of revocation is to prevent signs that do not comply with the necessary conditions from continuing to be registered. The implementation of these procedures, which have replaced the claims that were made directly in the civil jurisdiction, has been a challenge when transposing into Spanish law the Directive (EU) 2015/2436 of the Parliament and of the Council of 16th December 2015, on the approximation of the laws of the Member States relating to the trade marks, whose transposition instrument was Royal Decree Law 23/2028 of 21 December. Further information on invalidity and revocation proceedings: Invalidity and revocation proceedings - Portal OEPM
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Table of contentsThe 3erd Edition of the “Awards for the Best Inventions Protected by Industrial Property Rights” has been announcedApproval of the 2023 follow-up reports on the SPTO’s Annual Operating Plan and Service ChartersSpain stands out in Innovation: historical maximum in European patent applications in 2023Journalists Irene Cortés and Sonia Salmerón, winners of Andema’s 2nd Javier Navarro Journalism AwardsBlogLa Propiedad Industrial como impulsora de los Objetivos de Desarrollo Sostenible |