Personal data protection (Appeals)


Responsibility: The Spanish Patent and Trademark Office OA (SPTO), with registered office at Paseo de la Castellana 75, 28071 Madrid, telephone: 902 157 530 / 910 780 780. Email: protecciondedatos@oepm.es

Data protection officer: You can contact the data protection officer by writing to protecciondedatos@oepm.es.

Purpose: The personal data you supply will be processed as follows:

  1. personal data supplied in the form for lodging an appeal:
    • Your name and surname(s), national identification number (NIF), telephone and fax numbers, and postal and email addresses, and those of your representative, if you have one, will be processed to identify you and process your appeal, and for notification and contact purposes. This information will be filed in the corresponding Industrial Property Registry and cannot be erased as it is of public interest.
    • Your name and surname(s), and postal address, and those of your representative, if you have one, will be processed for publicity purposes and to report the registry status of your administrative case in the corresponding industrial property category. The information and cases will be published the SPTO's databases (CEO, INVENES, DESIGNS) and can be consulted in person or remotely pursuant to article 30 of Law 17/2001, the Trademark Act, additional provision thirteen of Law 20/2003, the Industrial Design Legal Protection Act, and article 55 and the fifth additional provision of Law 24/2015, the Patent Act. The data shall also be processed for statistical purposes.
    • Your name and surname(s), and those of your representative, if you have one, will also be published in the electronic version of the Industrial Property Official Bulletin, which can be accessed and searched free of charge.
  2. Personal data supplied in the form for filing complementary documents for an appeal or in response to the proceedings of a hearing: your name and surname(s), national identification number (NIF), telephone number, and postal and email addresses, and those of your representative, if you have one, will be processed to verify your identity and for notification and contact purposes.

Legal grounds: The SPTO has legal grounds for processing personal data under the following regulations:

  • Article 2 of Law 17/1975, of 2 May, the Creation of the Autonomous Industrial Property Registry Act.
  • Articles 40 and subsequent, and 115 and 118 of Law 39/2015, of 1 October, the Common Administrative Procedures of the Public Administrations Act.

The legal grounds for processing personal data filed in the form for lodging an appeal is set forth in specific legislation pertaining to industrial property: articles 27 and 29 of Law 17/2001, of 7 December, the Trademark Act; article 54 and the fifth additional provision of Law 24/2015, of 24 July, the Patent Act, and article 41 and the second additional provision of Law 20/2003, of 7 July, the Industrial Design Legal Protection Act.

Recipients: for publicity, statistical and information purposes, the name, surname(s) and postal address of the person who lodges the appeal and the name and surname(s) of their representative, if they have one, may be provided to the following international industrial property organisations: World Intellectual Property Organisation; European Patent Office: ESPACENET and the European Intellectual Property Organisation: TMview and DSview.

The SPTO shall therefore report such information to these international organisations. As mentioned in section I under the Purpose heading, the data will be published in the electronic version of the Industrial Property Official Bulletin, which can be accessed and searched free of charge.

Rights: You have the right to confirmation of the processing of your personal data and to access this personal data. You also have the right to:

  • request rectification of inaccurate data, specifying the data involved and the correction required. Documentation must be provided when necessary demonstrating the inaccuracy or incompleteness of the data being processed.
  • request erasure of personal data provided to the SPTO during administration of the administrative appeal that has not been filed with the corresponding Industrial Property Registry, providing that one of the circumstances in article 17 of Regulation (EU) 2016/679 General Data Protection Regulation applies. The SPTO will retain such data unless it receives a request to erase it.
  • lodge a complaint with the Spanish Data Protection Agency (www.aepd.es), particularly when you feel that your rights have not been respected or dealt with in the established period.
  • request restriction of processing of personal data under some circumstances, in which case the data shall only be retained to make or respond to complaints.
  • object to the processing of your personal data in some circumstances for reasons relating to your specific situation. The SPTO shall stop processing the personal data, except when there is a legal requirement to do so or to exercise or defend complaints.

These rights may be exercised directly by the user or by a duly authorised representative through a request addressed to the SPTO, preferably by email to protecciondedatos@oepm.es