SPAIN Law and Practice Contributed by: Marina Gómez, Arochi & Lindner
4.6 Consideration of Prior Rights in Registration The SPTO will review the application only on absolute grounds. Therefore, it will not take into account prior registered rights. 4.7 Revocation, Change, Amendment or Correction of an Application Only very limited alterations are allowed during the registration process. Minor corrections, such as fixing typographical errors or refining clas - sifications of goods/services, can be made by submitting a formal request to the SPTO along with any necessary documentation and appli - cable fees. Material alterations, including changes to the dis - tinctive character of the trade mark or expanding the scope of goods/services, are strictly prohib - ited. For such changes, a new application must be filed. 4.8 Dividing a Trade Mark Application The applicant or proprietor of a trade mark may divide the trade mark application or registration into two or more divisional applications or reg - istrations, by distributing the goods or services listed in the initial application or registration. To divide an application or registration, it is nec - essary for it to include several goods or services. The division may only be done during the regis - tration or appeal proceedings, and will only be accepted if, with such division, the suspension, opposition or appeal is confined to one of the divisional applications or registrations. A divi - sion of the application or registration may also be made where a partial transfer of the applica - tion or registration is requested. Such division will give rise to the payment of the corresponding fee.
4.9 Incorrect Information in an Application
Where there is an error in the information pro - vided by the applicant, the SPTO will inform the applicant and ask them to correct the error. In addition, the applicant may request correction of the erroneous information, as mentioned in 4.7 Revocation, Change, Amendment or Cor- rection of an Application . 4.10 Refusal of Registration Pursuant to Article 5 of the TM Act, the SPTO may refuse a trade mark application where it: • cannot constitute a trade mark because it does not comply with Article 4 (see 2.2 Essential Elements of Trade Mark Protec- tion ); • is devoid of distinctive character; • consists exclusively of generic, descriptive or suggestive terms; • is contrary to the law, public policy or moral - ity; • is likely to mislead the public – for example, as to the nature, quality or geographical origin of the goods or service; • is excluded from registration by virtue of national or EU legislation or international agreements to which the EU or Spanish State is a party, which confer protection on desig - nations of origin, geographical indications, traditional wine terms, traditional specialities guaranteed, and plant varieties; • reproduces, includes or imitates coats of arms, flags, decorations, badges or emblems, but without the required authorisation; or • has not been authorised by the competent authorities, and must be refused under Article 6ter of the Paris Convention. After examining the application, if the SPTO con - siders that the application may be refused on
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