Once again, the Spanish legislator is faithful to his tradition of breaking into the Christmas festivities with abrupt legislative changes. On this occasion, pressed by the deadline for adapting Spanish law to the Trademark Directive, the Government has chosen to promote the reform through the “urgency” of the Royal Decree-Law.
In today's BOE, in a joint text next to the regulation of rail transport and related travel services, the announced reform of the Trademark Law.
The entry into force of the changes will be staggered, allowing some time for assimilation. On January 14, 2019, the main bulk of the Law will come into force; certain provisions relating to the opposition procedure must await the pertinent regulatory development; and the dejudicialization of the actions for invalidity and expiration of trademarks due to the OEPM assuming jurisdiction will not be effective until January 14, 2023.
Without prejudice to the vicissitudes that the Royal Decree Law may experience during its parliamentary ratification, we already have a Trademark Law adapted to the Directive that will begin to play its role very soon... like an early gift from the Three Kings!
Author Antonio Castan
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