January 2023 will bring administrative revocation and invalidity actions before the SPTO

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Directive 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trademarks provides in Art. 45 that Member States shall provide for an efficient and expeditious administrative procedure before their offices for the revocation or declaration of invalidity of a trademark.

On 14 January 2019, Decree-Law 23/2018 came into force, amending Trademark Law 17/2001 (LM) and its Implementing Regulation (Royal Decree 687/2002, RM).

In the new LM, paragraph 2) of the first additional provision “jurisdiction and procedural rules” establishes that:

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