What to Do If Someone Copies Your Invention: Steps to Defend Your Patent or Utility Model in Spain
Estimated reading time: 10 minutes
06Jul
Blog Abecsa - EN
03Feb
How to prove the use of your brand: the evidence that strengthens your opposition against other brands
Introduction
When a company files an opposition to a new trademark application, simply holding a prior registration is not enough. In many cases, the Spanish Patent and Trademark Office (OEPM) or the European Union Intellectual Property Office (EUIPO) may require the opponent to demonstrate actual use of their trademark, if requested by the opposing party during the opposition proceedings. This requirement has become a critical point in opposition proceedings, and compliance can mean the difference between winning or losing the defense...
27Oct
How to lose a trademark (and how to avoid it): the importance of demonstrating the effective use of your trademark.
Introduction
Registering or renewing a trademark does not guarantee its indefinite protection. Spanish and European legislation require that registered trademarks are actually used in the market. Otherwise, they may be subject to the sanction of revocation for non-use, if requested by the interested party during the cancellation procedure for alleged non-use or as a defense to a lawsuit. Here, we explain what 'using a trademark' really means, what evidence is used to prove it, and how to avoid losing a registration...
15Jul
Main Advantages and Why You Should Use an Official Industrial Property Agency to Protect Your Invention
A patent is a valuable asset that grants you the exclusive right to use and commercialize your technological innovations in the market, thereby protecting your invention against competitors. To understand the complexity of the patent right, we must know that it is a title granted by the State (through an Office in each country or territory where it is applied for) to exploit an invention exclusively for a determined period, generally a maximum of 20 years. In exchange,...
27Feb
SME FUND Programme 2024
European Union support plan for intellectual property protection
INTELLECTUAL PROPERTY VOUCHERS
The European Union Intellectual Property Office EUIPO, in cooperation with the National Intellectual Property Offices, launched within its strategic plan a "PLURIANNUAL FUND FOR SMEs 2022-2024. This initiative is aimed at facilitating SMEs' access to IP pre-diagnosis services and the registration of their trademark and design rights. The services covered by this program are the following: A first part corresponds to an IP...
25Dec
Software intellectual property: patentability and copyrights
Software intellectual property raises frequent questions among companies seeking to understand how they can protect their copyrights when dealing with this type of creation. Is it possible to apply for a software patent in Spain and Europe? This has been the most recurrent question. In today's digital age, software applications have become an integral part of our lives. However, with the rise of these technologies, the need to protect the intellectual property rights (IPR) associated with them has also increased. In...
06Jun
Entry into force of the Unitary Patent of the European Union
On June 1, 2023, one of the great milestones in the history of world intellectual property came into force: the Unitary Patent system, which will provide inventors and companies with a more efficient and simplified way of protecting their inventions in the member countries of the European Union. As already announced by the EPO last February, Germany had presented its...
21Mar
How to promote your patent, invention or idea
Promoting a patent, invention or idea can be a complex process, but there are some steps that can be followed to increase its visibility and attract investors, potential buyers or licensees. First, it is important to point out that only the interested party or right holder is the best one to promote its invention or idea and is the one who should develop a clear marketing and communication strategy, recommending that it includes the creation of a website, a promotional...
17Jan
INVALIDITY OF REGISTERED TRADEMARKS
Since the entry into force of the amendment to the Trademark Law 17/2001 processed through Royal Decree-Law 23/2018, the Spanish Patent and Trademark Office has been given the capacity to resolve in administrative proceedings some actions by which the invalidity of a previously registered trademark is directly requested. It enters into force on January 14, 2023, as determined by final provision 7 of the aforementioned Royal Decree-Law, incorporated as Additional Provision One of the aforementioned Trademark Law. In the past, these proceedings...
17Jan
Express revocation and tacit revocation of registered trademarks
Since the entry into force of the amendment to the Trademark Law 17/2001 processed through the channel of Royal Decree-Law 23/2018, the Spanish Patent and Trademark Office has been given the ability to resolve administratively some procedures by which the revocation for lack of use of a previously registered trademark is instigated directly. It enters into force on January 14, 2023, as determined by final provision 7 of the aforementioned Royal Decree-Law, incorporated as Additional Provision One of the aforementioned Trademark...