In order to harmonize the Spanish trademark system with that of the European Union and to speed up trademark procedures, on January 14, 2023, the last amendment contained in the reform of the Spanish Trademark Law (Law 17/2001) and its Royal Implementing Regulations (Royal Decree 687/2002), related to the nullity and revocation procedures of Spanish trademarks, came into force.
Among the key aspects is that since 14 January 2022, the Spanish Patent and Trademark Office (SPTO) is now the competent authority to take over trademark nullity and revocation proceedings, which were previously resolved through civil judicial channels, except for cases of counterclaims in trademark infringement actions, which will continue to be processed through the courts.
It is important to highlight that appeals against SPTO resolutions in nullity and revocation proceedings that terminate administrative proceedings, will be the jurisdiction of civil courts and not of the administrative litigation courts, as was previously the case.
