Conference on Administrative Nullity and Expiration of Trademarks and Tradenames

One of the biggest challenges now facing the Spanish Patent and Trademark Office, O.A. (SPTO) is the implementation of administrative nullity and expiration procedures with the entry into force, on January 14, 2023, of the direct competence of the SPTO in determining nullity and expiration requests.

This is due to the incorporation into Spanish law of Directive (EU) 2015/2436 of the European Parliament and of the Council, of December 16, 2015, on the approximation of the laws of the Member States on trademarks.

These new procedures, regulated in the Trademark Law and its regulations, will replace the claims made directly before the civil jurisdiction.

SPTO personnel and specialized judges participated in this conference, addressing issues of special interest in relation to the invalidity and expiration of distinctive signs. Likewise, a member of the Boards of Appeal of the European Intellectual Property Office (EUIPO) recounted its experience in that matter.

The presentations are available on the OEPM website here

More information