On 14 January 2023, some rather fundamental changes are going to be implemented regarding trademark proceedings in Spain. These affect, firstly, trademark cancellation proceedings, and secondly, judicial appeals from rulings by the Spanish PTO.
Spain is finally joining the rest of the EU Member States in allowing cancellation of a mark to be pursued at the Spanish PTO. The revised EU Trademark Directive (EU) 2015/2436 obliges Member States to provide office proceedings for cancellation of trademarks and at least all the larger trademark jurisdictions have long since introduced those, while Spain took advantage of the 7 year period granted by the Directive. Read more