Assessment of the first year invalidity and revocation proceedings for distinctive signs at the SPTO

January 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, 7^th 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 16^th 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