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By means of an invalidity procedure, and at the request of an interested party, the SPTO may declare the invalidity of a trademark, trade name or international trademark registration in force in Spain, in which case the grant of the registration will be declared invalid.
An application for a declaration of trademark invalidity may be filed with the SPTO on the basis of one of the absolute or relative grounds for invalidity set out in the Trademark Act.
The application for a declaration of invalidity shall be sent to the holder of the contested trademark, who must reply within 2 months, submitting the relevant arguments and evidence.
The holder of the contested trademark may, in response, request that the applicant for a declaration of invalidity prove use of the earlier trademarks on which the application is based. If the applicant provides documentation proving use, it shall be forwarded to the holder, who must present their arguments within a period of 1 month.
The SPTO may request, as many times as it deems necessary, that the parties reply to the arguments or evidence submitted by the other party within a period of between 10 days and 1 month.
Once the parties have submitted their arguments and evidence, the SPTO will close the adversarial phase.
The SPTO will make a decision on the application for a declaration of invalidity. This decision may be appealed before the SPTO within a period of 1 month from its publication in the BOPI (Official Industrial Property Gazette).
By means of a revocation procedure, and at the request of an interested party, the SPTO may declare the revocation of trademarks, trade names or international trademarks in force in Spain, which, due to circumstances that have occurred after registration, may be subject to the grounds for revocation set out in the Trademark Act.
A application for revocation of a trademark may be filed with the SPTO on the basis of one of the grounds set out in the Trademark Act: lack of use of the trademark, the trademark has become genericized or the trademark is misleading.
There are also specific grounds for revocation for collective trademarks and certification trademarks.
The application for revocation shall be sent to the holder of the contested trademark, who must reply within 2 months , submitting the relevant arguments and evidence.
If the revocation is based on non-use, the holder of the contested registration shall reply by providing the relevant documentary evidence. This evidence shall be sent to the applicant to enable them to submit their observations within 1 month.
The SPTO may request, as many times as it deems necessary, that the reply to the allegations or evidence presented by the other party within a period of between 10 days and 1 month.
Once the parties have submitted their arguments and evidence, the SPTO will close the adversarial phase.
The SPTO will make a decision on the application for revocation. This decision may be appealed before the SPTO within a period of 1 month from its publication in the BOPI (Official Industrial Property Gazette).
BOPI
Electronic site
