Spain: Amendments to Trademark Law

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Amendments to the current Trademark Law

Royal Decree-Law 23/2018, of December 21, on the transposition of directives related to trademarks, rail transport and travel packages and related travel services was published in the Official State Gazette (BOE) of December 27. This Royal Decree-Law, in its Title I, amends the current Trademark Law, Law 17/2001, of December 7. This amendment to the Law will become effective on January 14, 2019 in nearly all of the articles thereof, with one exception, which we will discuss, which has an effective date that is delayed until January 14, 2023. This law entails the nearly literal transposition of the content of the Directive (EU) 2015/2436 of the European Parliament and of the Council, of December 16, 2015 related to the approximation of the laws of the Member States relating to trademarks. The enactment of a new Trademark Law has been discarded upon considering that the content of said Directive did not affect the entire Law in force, thus opting for an amended law. The amendments made refer to fundamental questions relating to trademark law and especially procedural questions relating to the registration procedure, being those that we consider to be of greater interest to you and which we discuss below.   read more