Check out the new Guidelines for examination of Trademarks done by the OEPM

Law 17/2001 on Trademarks (from now on, the Trademark Law) was recently amended in order to precisely transpose the 2015 Directive on trademarks.

With this reform, the grounds of refusal have not undergone substantial modifications. However, the absolute grounds of refusal regarding appellations of origin, traditional wine terms, guaranteed traditional specialties and denominations of plant varieties were properly systematized. In addition, it has been introduced in the ground of refusal of art. 5.1.e) the signs consisting of a shape.

This has meant the introduction of new provisions both between the absolute grounds of refusal (letters h, i, j and k of art. 5.1 of the Trademark Law) and the relative ones (art. 9.3 letters a and b), and the modification of other relevant ones such as art. 8 or 10.

Motivated by this reform, in the Spanish Patent and Trademark Office, O.A. (OEPM), in order to help users and our own personnel in charge of processing distinctive signs procedures in improving the coherence, predictability and quality of the Office's resolutions, we have prepared new guides of examination, without legal character, both of absolute and relative grounds of refusal.

These new guidelines, which have emerged to adapt the existing ones to legislative modifications, have entailed a complete renewal and update of those previously published, taking into account the most recent jurisprudence and administrative practice in the field of trademarks.

They are available now! And you can have access through the following links:

OEPM CEO Resolution regarding the Trademarks Guidelines

Guidelines on Trademarks