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The new regulations on proof of use in opposition
The new regulations on proof of use in opposition

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Implementation of the new regulations on proof of use in opposition procedures against new trademark applications in Spain

On April 26, 2019, the Government approved by Royal Decree the amendments to the regulations implementing the Trademark Law in Spain that sets in motion the changes envisaged in the opposition procedures.

According to the new regulations, the applicant for a new trademark may require proof of use of the opposing trademarks provided that they have been registered for more than 5 years as of the date of application.

And, if such evidence is not provided within the legally stipulated period or cannot justify the lack of use, the opposition will be rejected.

This would provide trademark applicants with a new defense mechanism against oppositions based on ‘coverage’ trademark registrations, which should not hinder access to the registration of new trademarks.

It is also an opportunity for trademark owners to show the SPTO the extent of their use in the marketplace.

In short, a strategy to adequately assess the position of each of the parties will be necessary.

In this sense, we at PONS IP consider it desirable to:

  • Review the trademark portfolios in order to assess, prior to any opposition, the adequacy of the registrations with the current uses and their coverage, taking into account whether there is any relevant variation and whether the products and services identified with said trademarks.
  • Have prepared the corresponding documents accrediting the use of their trademarks (invoices, catalogs, price lists, advertisements, packaging, labels, photographs and/or written declarations) in accordance with the new regulations.

To this end, we remain at your disposal for the preparation, conservation and updating of dossiers of proof of use, as well as the corresponding legal diagnosis of the best strategy to follow.

If you have any questions or need additional information, please do not hesitate to contact us.

Enlaces de interés: Link del BOE


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