Law 17/2001, of 7 December, of Marks, in its second final provision authorizes the Council of Ministers to dictate how many provisions of application and development of such Law are necessary. Also, the articles of the aforementioned Law-Articles 1.2, 11.6 and 7, 12.3, 16.1.c) and 2, 18.1 and 4, 19.1, 30.2 and 4, 49.1, 82.2 and 4 and 86.2, among others-are quantified. For these purposes, the drafting of the implementing regulation of the Law has been carried out, ordering it in eight titles, three additional provisions and three transitional provisions.

This Royal Decree and the Executive Regulations it approves are dictated by the exclusive competence of the State in matters of legislation on industrial property, as provided for in Article 149.1.9. of the Constitution.

Title I is intended to regulate the application for registration as a set of essential documents not only to obtain the protection requested but also to delimit, in the face of third parties, the constituent elements of the law requested. For this purpose, the requirements to be met by the identification of the applicant, the reproduction of the sign in which the mark is based and the scope of protection of the applicant, i.e. the products and services to which it is intended, are set out in detail. The market will be applied. Within this same title, the filing of the application and the claim of the rights of unionist and exhibition priority (Convention of the Union of Paris for the Protection of Industrial Property of March 20, 1883) is regulated. also as essential elements of the requested right, as soon as they fix the date of birth of the same, if the application was granted, and therefore the preference or preemption of that right in relation to subsequent incompatible with the same.

Title II deals with the registration procedure and consists of six chapters, in line with the six fundamental procedural phases of the registration of distinctive signs. Chapter I regulates the examination of the form of the application, establishing the various elements which comprise such examination: requirements concerning the date of filing (minimum documentation), the formalities of the application and the legitimisation of the application. applicant.

It is envisaged that all these requirements will be examined in a single act and the conditions under which the competent bodies of the Autonomous Communities have to forward the application, with all the action, to the Spanish Patent and Trademark Office.

Chapter II regulates the examination of the lawfulness of the mark applied for, without which the application for a mark cannot be published by incurring defects in the public order or the good customs. Chapter III sets out in detail the elements of the trademark application to be published in the "Official Journal of Industrial Property" for knowledge and defense, via opposition, from potential third parties.

Prior to this publication, the Spanish Patent and Trademark Office must have carried out a search for a prior notice in respect of the application filed and, according to the results of this search, inform the publication of the new application to the holders of earlier signs which could justifiably formulate an opposition against it. Chapter IV lays down the formal requirements to be met in the formulation of the statement of opposition and the reasons for the inadmissibility of the statement. Chapter V regulates the examination of the substance and the final decision of the file, providing for the appropriate and mandatory processing of the hearing to the applicant for the defence of his application, in the event that the applicant had oppositions or had been repaired by the Administration.

Finally, Chapter VI, referring to the registration of the mark, establishes the particulars and particulars to be entered in the publication of the award of the mark and in the title of the mark.

Title III develops everything concerning the renewal of the registration of the mark: Content of the application, renewal requested by right-holder and renewal procedure.

Title IV regulates the transmission of the mark, the granting of licenses on the mark, the incorporation of real rights and other changes of rights, as well as the procedure for the registration, cancellation or modification of these rights. rights or business in the Trademark Registry.

Title V is intended solely to regulate the renunciation of the mark, both in total and in part, and the procedure for the registration of the mark.

Title VI, collective and guarantee marks and trade names, establishes, in relation to these distinctive signs, the normative principle of the application, mutatis mutandis, of the rules laid down in the Regulation for the individual trade marks, specifying, however, certain specific features of these recording arrangements and the content of the Regulation of use and their modification, in the case of collective or guarantee marks.

Title VII deals with certain requests and procedures specific to international and community trade marks. In particular, the preliminary examination of the application for international registration and applications for the transformation of international registrations and community trade marks is developed.

Title VIII provides for general provisions on the various procedures and consists of six chapters.

Chapter I specifies everything concerning the modification of the application or registration of the mark, as well as the rectification of errors and the changes of name or address of the person or representative. Chapter II regulates the division of the application or registration of the trade mark, a new one, imposed by the Treaty on the Law of Trade Marks of 27 October 1994 (ratified by the instrument of 13 November 1998). Chapter III develops the application and procedure for the re-establishment of rights, which is also a novel one, which is receptive to Community patent and European patent law. Chapter IV is intended to specify certain elements relating to the notifications and communications of the interested parties, opening themselves up to the new information society. Chapter V is devoted to the Registration of Marks and Information to the Public, in detail by establishing the data to be entered in the Register and the different ways in which the interested parties can access the public information contained in the Register. in the same. Finally, Chapter VI specifies certain issues relating to representation, and the admission of general powers of representation should be highlighted.

For its part, the additional provision first develops the fourth provision of the Law, making explicit the meaning of the word "processing" within the scope of the procedures in matters of industrial property.

The additional provision, second, in the development of the seventh additional provision of the Law, provides for the application, mutatis mutandis, of the provisions of the Regulation, concerning the re-establishment of rights, to the other Industrial property arrangements. Finally, the third additional provision provides as a general principle for the calculation of administrative time limits as provided for in Article 48 of Law No 30/1992 of 26 November 1992 on the legal system of public and public administrations. Common Administrative Procedure.

Finally, the first, second and third transitional provisions regulate certain procedures of an intertemporal nature, such as the renewal for one time of the establishment signs, the classification of the names Trade in accordance with the International Classification and the Merger of Records.

In its virtue, on the proposal of the Minister of Science and Technology, after the approval of the Minister of Public Administration, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the 12th of July 2002,

D I S P O N G O:

Single item. Approval of the Regulation for the implementation of Law 17/2001, of 7 December, on Marks.

The Regulation for the implementation of Law 17/2001, of 7 December, of Marks, the text of which is inserted below, is approved.

Single repeal provision. Regulatory repeal.

1. All provisions of the same or lower rank are hereby repealed as soon as they contradict or oppose the provisions of the Rules of Procedure adopted by this Royal Decree.

2. The following provisions are expressly repealed:

(a) The Regulation for the implementation of Law 32/1988, of 10 November, of Marks, approved by Royal Decree 645/1990, of 18 May.

(b) The Rules of Procedure relating to the granting, maintenance and modification of industrial property rights, approved by Royal Decree 441/1994 of 11 March 1994, as regards trade marks, names trade and establishment signs.

Final disposition first. Competence title.

This Royal Decree is issued under the exclusive state competition law on industrial property law, as provided for in Article 149.1.9. of the Constitution.

Final disposition second. Entry into force.

This Royal Decree will enter into force on 31 July 2002.

Given in Madrid to July 12, 2002.

JOHN CARLOS R.

The Minister of Science and Technology,

JOSEP PIQUE I CAMPS

REGULATION FOR THE EXECUTION OF LAW 17/2001, OF 7 DECEMBER, OF TRADE MARKS

TITLE I

Log Request

Article 1. Content of the registration request.

1. The trademark registration request must contain:

a) A record request for the mark.

(b) The name, address and nationality of the applicant, as well as the State in which the applicant is domiciled, its registered office or a serious and effective industrial or commercial establishment. Where the application is lodged in an Autonomous Community other than that of the applicant's domicile, indication of the serious and effective industrial or commercial establishment in the territory of the Autonomous Community of filing of the application; the latter indication shall not be required if the applicant acts by means of a representative and the representative has his registered office or a serious and effective branch in the territory of the Autonomous Community of the application. Where the applicant is a natural person, his or her first and last names shall be indicated; and where he is a legal person, his full social name.

For the purposes of notifications, another postal address may be indicated. The telephone number, telefax, e-mail or other means of communication may also be indicated, indicating the preferred form of notification. Where there are several applicants, the address or means of communication of one of them shall be specified for the purposes of notifications; if this is not done, the notifications shall be addressed to the applicant first mentioned in the request.

(c) If the address of the applicant is outside the Spanish territory, an indication of an address in Spain for the purposes of notifications, unless the address is acted upon by representative with registered office in Spain.

d) The reproduction of the mark in accordance with the provisions of Article 2 of this Regulation.

(e) The list of products or services for which registration of the mark is requested, in accordance with Article 3 of this Regulation.

(f) Where the applicant acts by means of a representative, the name and address of the representative in accordance with subparagraph (b), indicating, where appropriate as provided for in Article 11 (4) of Law 17/2001, 7 December, of Marks, the serious and effective branch that is held in the territory of the Autonomous Community of filing of the application. This last indication shall not be required if the applicant has his registered office, registered office or a serious and effective industrial or commercial establishment in the territory of the Autonomous Community of filing of the application.

g) When the applicant wishes to prevail on the priority of an earlier application, in accordance with the provisions of Article 14 of Law 17/2001, a declaration in such a way as to indicate the country and date of presentation of the above application and, if possible, the number of such application, and if the claim of priority does not apply to all the goods or services listed in the application, the indication of the products or services to which it is claim relates.

(h) Where the applicant wishes to take precedence over the priority of exposure, in accordance with Article 15 of Act 17/2001, a statement to that effect indicating the name of the exhibition and the the date of the first submission of the goods or services, and if the claim of priority does not apply to all products or services listed in the application, the indication of those affected by such claim.

(i) Where applicable, a statement that the application relates to the registration of a collective mark or a guarantee in accordance with the provisions of Articles 62 and 68 of Law 17/2001 respectively.

(j) Where the application relates to the registration of a trade mark for the processing of an international registration, a reference in that regard, indicating the number and date of the international registration and whether it is granted or pending in Spain, in accordance with the provisions of Article 83 of Law 17/2001.

k) Signature of the applicant or his/her representative.

2. The application for a collective mark and a guarantee must include its Rules of Use.

Article 2. Reproduction of the mark.

1. If the applicant does not wish to claim any specific graphic, sound, shape or colour representation, the mark shall be reproduced in the application in normal writing by means of capital letters, figures and signs of typed or printed punctuation by any other appropriate means. In this case, the applicant shall make a declaration in that regard and the mark shall be published and recorded in the standard characters used by the Spanish Patent and Trademark Office.

The "Official Industrial Property Bulletin" will publish the standard set of characters used by the Office.

2. In all other cases not referred to in paragraph 1, a reproduction of the mark in the corresponding paragraph of the application shall be added or printed. The dimensions of this reproduction shall not exceed 8 centimetres ^ 12 centimetres and must have sufficient contrast and sharpness to allow a clear reproduction of the same. In separate sheets of DIN A4 format, four more reproductions of the mark identical to that incorporated in the application for registration shall be accompanied. In cases where it is not apparent, the correct position of the mark shall be indicated with the words 'top' in each reproduction. The separate sheets must also bear the name and address of the applicant.

3. In cases where the provisions of the preceding paragraph are applied, mention shall be made in the application of the graphic, three-dimensional, sound, mixed or denominational nature in non-standard characters of the mark applied for. A written description of the trade mark may be given in the application.

4. When the registration of a three-dimensional mark is requested, the reproduction of the three-dimensional mark shall consist of a two-dimensional photographic or photographic reproduction, and may consist of up to six different perspectives, provided that they are grouped together as one and the same reproduction as does not exceed the dimensions laid down in paragraph 2. If the reproduction does not sufficiently show the details of the mark, the applicant may be required to provide up to six different views of the mark and one written description of the same.

5. Where the registration of a mark is applied for in colour, reference shall be made to the application and the colours appearing on the mark shall be indicated. The reproduction provided for in paragraph 2 shall consist of the colour reproduction of the mark.

6. When the registration of a sound mark is applied for, the reproduction of a sound mark must necessarily be of a graphic character, and may be carried out by means of its representation in staff.

7. Where the applicant wishes, in accordance with Article 21.2 of Law 17/2001, to exclude from the protection requested any of the elements which make up the mark, he shall make a statement in this regard in the application and shall indicate the elements on which it does not claim a unique right of use.

8. The Director of the Spanish Patent and Trademark Office may provide that the mark may be reproduced in other dimensions or formats and that the number of copies of the reproduction of the mark may be less than four.

Article 3. List of products and services.

1. The list of products and services requested shall be in accordance with the common classification referred to in Article 1 of the Nice Agreement concerning the International Classification of Goods and Services for the Registration of Marks of 15 June 1957, in its revised and amended form in force for Spain.

2. The products or services for which the mark is applied shall be listed in the application in a clear and precise manner, using, as far as possible, the same terms and expressions as those used in the alphabetical list of the Classification. International, in such a way that they can be classified in a single class of the said Classification without being made to err. The nature of the product or service to which the mark applies shall in no case be an obstacle to the registration of the product or service. The inclusion of a product or service may not be rejected solely because it is not expressly provided for in the International Classification.

3. The products or services shall be listed in the application grouped by class according to the class to which they belong in the International Classification. Each group shall be preceded by the number of the class to which it corresponds, in the order in the order followed by the International Classification.

4. The classification of products and services has only an administrative scope, in such a way that they cannot be regarded as similar to each other by the fact that they appear in the same class as the International Classification, or dissimilar because they appear classified in different class.

Article 4. Proof of payment of the application fee.

1. The application for registration of the trade mark shall be accompanied by the proof of payment of the application fee.

This justification shall consist of the form provided for this purpose by the Spanish Patent and Trademark Office and shall include, in addition to the fee and amount paid, the name of the applicant, the representative if any, and the number of the class or classes in whose concept the fee is paid.

2. Where the fee is paid by computer, electronic or telematic means, the proof of payment shall consist of the receipt which is issued in accordance with the characteristics of the support used and shall meet the requirements expressed previously.

Article 5. Submission of the application.

1. The application for registration of the mark shall be lodged in the places referred to in Article 11 of Law 17/2001 and in accordance with the provisions of that Law.

2. The application shall be made in the standard forms to be established by the Spanish Patent and Trademark Office. However, the application shall not be rejected if it is lodged in the international standard form provided for in the Regulation of the Treaty on the Law of Trade Marks of 27 October 1994.

3. The Ministry of Science and Technology, on a proposal from the Spanish Patent and Trademark Office, may establish that the filing of the trademark application may or, if appropriate, be carried out on magnetic or media electronic or telematic.

4. The body responsible for receiving the application shall state in the documents that it consists of the number of the file which it has received and the place, day, hour and minute of its submission. The Spanish Patent and Trademark Office shall establish, for the general use of the various competent bodies, standard numbering and dating systems for registration applications.

5. At the time of receipt, the competent body shall issue to the depositor an accreditable receipt of the submission of the application. If it is accompanied by a copy, the agreement of the copy shall be verified with the application and the receipt shall consist of the delivery of the copy, in which the number of the file and the place, day, hour and minute of presentation shall be recorded. If not accompanied by a copy, the competent authority may choose to do so on its own coast, give it to the depositor with the same requirements as above, or the issue of a receipt stating the file number, a reproduction, description or other identification of the mark, the nature and the number of documents, and the place, day, hour and minute of presentation. Where the same depositor simultaneously submits more than 10 applications without a copy, the receipt of the presentation may be issued within two working days of the receipt of a supporting document indicating the requests received, case numbers granted, and the day, time, and minute of their presentation.

6. Where the application is lodged on the media or by the means provided for in paragraph 3, the receipt shall be issued in accordance with those media or media and shall meet the requirements set out in the previous paragraph.

7. Within five days of receipt of the request, the competent authority of the Autonomous Community shall send to the Spanish Patent and Trademark Office a copy of the application containing the file number and the place, day, hour and minute of the presentation. The Spanish Patent and Trademark Office may establish electronic, electronic or telematic means for the immediate transmission of the copy of the application or of the data contained therein.

Article 6. Vindication of the right of unionist priority.

1. If the application for registration claims the priority of one or more previous applications, the applicant shall communicate the number of such applications, if he has not already done so, and submit a copy of the same certified by the office of origin within three months from the date of filing of the application for registration. Such copy shall be accompanied by a certificate of the date of submission of the earlier application issued by the receiving administration and of a translation into Spanish, if such a previous application is not written in that language.

2. The Spanish Patent and Trademark Office may provide that the evidence of the priority required in the previous paragraph shall consist of a smaller number of items, if the required information may be obtained by other sources.

Article 7. Claim of the right of priority of exposure.

If the application for registration has claimed priority exposure, the applicant shall submit a certificate issued by the authority of the exhibition in charge of the protection of the industrial property within the time limit. three months from the date of filing of the application for registration. This certificate shall state that the mark was actually used in the exhibition, the name of the holder of the exhibition, the specific products or services for which it was used, the opening day of the exhibition and the first public use of the mark in the exhibition. The certificate must be accompanied by an identification of the mark as it was actually used in the exhibition, duly certified by the authority mentioned above.

TITLE II

Log Procedure

CHAPTER I

Shape Examination

Article 8. Examination of the formal requirements of the application required to obtain the filing date.

1. The competent body shall examine whether the application includes:

a) An express or implied indication that the registration of the mark is requested.

b) Indications to identify the applicant.

c) A reproduction of the mark.

d) A list of the products or services for which the brand is requested.

2. If the examination proves that the application does not comply with any of the requirements laid down in the preceding paragraph, the competent authority shall notify the applicant of the impossibility of giving a filing date to the application and shall inform the applicant of the observed irregularities, indicating that, if they do not subsane them, they shall be given the withdrawal of their application. For the purposes of this irregularities, the applicant shall be given a period of one month, if he has his address in Spain, or two months, if that address is outside the Spanish territory.

3. If the irregularities identified within the time limit prescribed in accordance with the preceding paragraph are remedied, the date of submission of the application shall be that of the day on which the competent body has received the written remedy. If the irregularities are not remedied in due form and within the prescribed period, the application shall be withdrawn. The withdrawal decision shall be notified to the applicant.

Article 9. Examination of the formal requirements of the application.

1. Once the examination provided for in the previous Article has been carried out, the competent authority shall examine whether the application complies with the requirements set out in Articles 1, 2, 3, 4 and 5.2 of this Regulation and, if priority is claimed, those required by Articles 6 and 7 thereof.

2. If the examination has shown that the application does not comply with any of the requirements laid down in the preceding paragraph, the competent authority shall notify the applicant of the defects observed, giving the applicant a period of one month for its application. (a) the right of the person to whom he or she is entitled to do so; The applicant when responding to the suspense may withdraw, limit, modify or split the application.

3. If, within the prescribed period, the defects indicated are not remedied, the application shall be withdrawn, except as provided for in the following paragraphs.

4. If the defect indicated is the failure to pay or the incomplete payment of the application fee, and within the prescribed period these irregularities have not been remedied, the application shall be withdrawn, except where the amount paid cover the amount of the application fee for one or more classes. In this case, the application shall be deemed to be withdrawn only in respect of classes for which the application fee would not have been paid or partially paid. In the absence of an indication from the applicant, the classes included first in the application shall be considered to be paid.

5. In the event that the defects observed refer to the claim of priority, the non-healing of the same shall only determine the loss of that right for the application.

6. Where the defects observed concern only some of the products or services requested, and the defects have not been remedied, the application or the right of priority shall be withdrawn only in respect of such products or services. services.

The resolution in which the application is completely or partially withdrawn or the right of priority is lost shall be notified to the applicant.

Article 10. Examination of the legitimacy of the applicant.

Where, pursuant to Article 3 (1) and (2) of Law 17/2001, the applicant cannot be a proprietor of a trade mark in Spain, the competent authority shall notify the applicant and give him the time limit of a month to desist from the application or to submit any allegations which it deems appropriate, indicating that, if it does not do so, it shall be given the withdrawal of its application. In the event that the applicant does not remedy this defect, the applicant shall be given the withdrawal of the application. The withdrawal resolution shall be notified to the applicant.

Article 11. Joint notification of defects and term of cure.

1. All defects in the application, both for non-compliance with the requirements laid down in Article 8.1 and for non-compliance with the requirements of Articles 9.1 and 10 of this Regulation, may be communicated to the applicant. together through a single notification.

2. The competent authority shall grant the applicant, for the purposes of the remedy for the defects indicated, the period of one month, if the applicant has his address within the Spanish territory, or two months, if he has been outside Spain and no one of the defects This shall be based on the non-compliance with the requirements laid down in Article 8.1 of this Regulation.

Article 12. Referral of the request.

1. The referral of the applications, with all the action, and the notifications provided for in Article 17 of Law 17/2001 by the competent bodies of the Autonomous Communities may be effected by electronic or telematic means where the Order of the Minister of Science and Technology is available.

The general conditions and technical requirements and characteristics of these communications shall be fixed by resolution of the Director of the Spanish Patent and Trademark Office.

2. Applications which were not defective or which would have been remedied shall be sent immediately to the Spanish Patent and Trademark Office.

3. If an application has been partially withdrawn, it shall be sent only where that decision is firm, except that, by a division of the application lodged in the reply to the suspense or in the interposition of the appeal, the part of the an application that did not incur defects constitutes the subject of a divisional application, in which case it shall be referred to as such a divisional application, as provided for in Article 46.5 of this Regulation.

4. The withdrawal agreement shall be communicated to the Spanish Patent and Trademark Office by the competent authority of the corresponding Autonomous Community where it is firm, unless the latter is used, in which case, in addition to the said agreement, communicate the appeal, its decision and, where appropriate, the judicial remedies brought against it and the judgments.

CHAPTER II

Lawfulness review

Article 13. Examination of lawfulness.

1. Upon receipt of the application for registration, the Spanish Patent and Trademark Office shall examine whether the same incurs the prohibition provided for in Article 5 (1) (f) of Law 17/2001 and if it has any defect that makes it impossible to publish it.

2. If the examination has resulted in the application, for all or part of the products or services requested, in the prohibition or in any of the defects referred to in paragraph 1, the suspension of the file shall be suspended and communicate to the applicant the defects or grounds for refusal detected, giving the applicant a period of one month for the subsane to be subsane or to reply to them. Where the reason for the suspension relates to a formal defect, it shall be indicated to the person concerned that, if he does not subsash it, he shall be completely or partially withdrawn from his request.

3. In the reply to the suspense, the applicant may withdraw, limit, modify or split the application.

4. In the event that the applicant does not exceed the stated qualms, the Spanish Patent and Trademark Office will have to desist or refuse the application in whole or in part; these resolutions will be notified to the applicant. In the case of withdrawal or partial refusal, the part of the application that does not incur any repair shall not be published until such a decision is firm, except that, by a division of the application lodged in the reply to the suspense or in the application of the appeal, that part of the application constitutes the subject of a divisional application, in which case it shall be published as such a divisional application.

Article 14. Joint examination of lawfulness and form.

1. Where the Spanish Patent and Trademark Office is the body responsible for the formal receipt and examination of the application, it may carry out the examination of the lawfulness in conjunction with the examination provided for in the preceding chapter, applicant by means of a single notification both the defects in form and the lawfulness which it would have observed.

2. In the case of the joint examination, the provisions of Article 11 (2) of this Regulation shall be provided for.

CHAPTER III

Searching for the application and publishing the request

Article 15. Search for anteriorities.

1. If the application for registration of a trade mark does not incur the grounds for refusal or defects referred to in the previous Article or have been remedied, the Spanish Patent and Trademark Office shall carry out a computer search on the earlier signs entered in the Register of Marks which, pursuant to Articles 6 and 7 of Law 17/2001, may object to the registration of the mark applied for and whose existence has been discovered.

2. At the same time as the order of publication of the application for registration of the trademark, the Spanish Patent and Trademark Office shall inform the holders of the above signs that they have been discovered in the search carried out. This information shall be communicated to the holders or their representatives, if any, in accordance with the provisions of Article 49 of this Regulation.

Article 16. Publication of the request.

1. After the examination provided for in Article 13 and the search for the previous article, the Spanish Patent and Trademark Office shall order the publication of the application for registration of the mark in the "Official Gazette". of Industrial Property ".

2. The publication of the application must include:

(a) The name and address of the applicant; if there are several, only the name and address of the applicant who has been designated to receive the notifications or, failing that, shall be included, followed by the words "and others", which would have been mentioned first in the application.

(b) If any, the name and address of the representative, provided that they are not the representative referred to in Article 56 (3) of this Regulation.

(c) Number of the file, date of filing and date of receipt of the application in the Spanish Patent and Trademark Office in cases where it has been referred to it in accordance with the provisions of Article 12 of the Regulation.

d) The reproduction of the mark together with the indications, if applicable, of its sound, three-dimensional or denominational nature in standard characters. If a description of the trade mark or the declaration provided for in Article 2 (7) of this Regulation has been made, they shall also be included in the publication. When the colour mark is applied for, the publication shall be in colour and the colours of the marking shall be indicated.

e) The list of products and services, grouped by classes according to the International Classification. Each group of products or services shall be preceded by the number of the class to which they belong and presented in the same order as the International Classification.

(f) Where a unionist or exposure priority, country, number and date of the application is claimed whose unionist priority is claimed or the name of the exposure and date of the first filing.

g) Where applicable, the indication that this is a collective or warranty mark.

3. The publication of a trade mark application for the processing of an international registration or application for a Community trade mark shall include, in addition to the data referred to in the preceding paragraph:

a) An indication that this is a transformation request.

(b) The number of the international registration or the Community trade mark application as applicable.

(c) The date of the international registration or filing of the Community trade mark application.

(d) If you enjoy the right of priority, the terms mentioned in paragraph (f) of the previous paragraph.

(e) If the seniority of a Spanish trade mark is claimed or with effect in Spain, the number and date of filing or, where applicable, of the priority of the registration of which the seniority is claimed.

CHAPTER IV

Third Party Competitions and Observations

Article 17. Presentation and content of the statement of opposition.

1. Any person deemed to be wronged may, within two months of the date of publication of the application for that mark in the 'Bulletin', make an application to the Spanish Patent and Trademark Office for registration of a trade mark. Industrial Property Officer. "

2. The notice of opposition shall be submitted in duplicate and the following particulars must be given:

a) The file number, publication date, and name of the applicant for the mark against which the opposition is formulated.

(b) A clear and unambiguous indication of the goods or services listed in the application for the trade mark against which the opposition is lodged, with an indication of the class in which they are ordered.

(c) The name and address, in accordance with paragraphs (b) and (c) of Article 1.1 of this Regulation, of the person who formulates the opposition.

(d) Where the name and address of the representative are acted by means of a representative, as provided for in paragraph (f) of Article 1.1 of this Regulation.

e) If the opposition is based on any of the grounds provided for in Article 5.1 of Law 17/2001, an indication to that effect, specifying the absolute prohibition on which the opposition is based in particular.

f) When the opposition is based on an earlier mark, the number of it, its filing date and priority, and whether it is requested or registered.

g) If the opposition is based on an earlier mark known to be known within the meaning of Article 6.2.d) of Law 17/2001, an indication to that effect.

h) If the opposition is based on an earlier mark known or renamed within the meaning of Article 8 of Law 17/2001, an indication to that effect.

(i) In the event that the opposition is based on one of the earlier rights referred to in Articles 9 and 10 of Law 17/2001, an indication to that effect.

(j) Where applicable, a representation and description of the above right or mark not registered with the Spanish Patent and Trademark Office.

k) The goods and services for which the earlier mark has been registered or applied for, or for which the earlier mark is known to be known within the meaning of Article 6.2.d) of Law 17/2001, or is known to have been a reputation in accordance with Article 8 of that Law. The opponent shall only include the products or services protected by the earlier mark on which the opposition is based.

l) The reasons, reasons, or grounds on which the opposition is based.

m) The signature of the data subject or his/her representative.

n) The justification for the payment of the opposition fee.

3. The provisions of this Chapter shall apply, as appropriate, to the formulation of third party observations as provided for in Article 19.3 of Law 17/2001.

Article 18. Presentation of evidence and documents.

1. The statement of opposition may be accompanied by the documents and evidence deemed to be relevant.

2. If the opposition is based on a Community trade mark, the statement of opposition shall preferably be accompanied by evidence of the registration or application of the Community trade mark, such as a certificate of registration or deposit of the application. Where the opposition is based on an unregistered trade mark known to be known, as provided for in Article 6.2.d) of Law 17/2001, or on a registered or known trademark, as provided for in Article 8 of that Law, the The opposition shall be accompanied, preferably, by evidence showing the notorious or renowned character of those earlier marks. If the opposition is based on any of the earlier rights referred to in Articles 9 and 10 of that Law, the statement of opposition shall be accompanied by appropriate evidence showing the ownership and scope of protection of such rights. above.

3. The supporting documents referred to in the preceding paragraphs, as well as any other supporting documents or evidence, must be filed with or after the opposition, but always before the date on which they are have given the opposition to the applicant.

Article 19. Inadmission or withdrawal of the opposition.

1. If the statement of opposition is not submitted within the time limit laid down in Article 17.1 of the Regulation, or the opposition fee has not been paid, or if the application against which the application is made does not permit an unambiguous identification of the opposition or the earlier mark or right under which the opposition is filed, the Spanish Patent and Trademark Office will admit the opposition.

2. If the statement of opposition does not comply with the other provisions of Law 17/2001 or of this Regulation, the Spanish Patent and Trademark Office shall notify the opponent of the irregularities observed so that, within ten days, they shall be subsane. If such irregularities are not remedied within the prescribed period, the opposition shall be withdrawn.

CHAPTER V

Review of background and resolution of the case

Article 20. Examination of trade and suspension of the file.

1. After the deadline for the submission of objections, whether they have been filed or not, the Spanish Patent and Trademark Office shall carry out the substantive examination provided for in Article 20.1 of Law 17/2001.

2. If the examination is carried out, the application shall, for all or part of the products or services requested, be incurred in any prohibition or defect as provided for in Article 20.1 of Law 17/2001 or have been lodged. oppositions or observations of the third party and these would not have been inadmissible or held for withdrawal in accordance with the provisions of the previous article, the Spanish Patent and Trademark Office shall decree the suspension of the file and communicate to the (a) the applicant for the notice of trade observed and the oppositions or observations made so that within a period of time month, to count from the publication of the suspense in the "Official Gazette of Industrial Property", present its arguments, answering the suspended suspense.

Article 21. Reply to suspense.

1. The statement of defence shall specify the identifying particulars of the application for registration, the date of publication of the suspense, the reasons for the application and how many allegations or evidence are relevant to the application. defense of the registration of the mark.

2. In the reply to the suspense, the applicant may withdraw, limit, amend or divide the application in accordance with Articles 23 and 24 of Law 17/2001 or, if necessary, submit the declaration provided for in Article 21 (2). of that Law.

3. Any modification or division of the application shall be accompanied, respectively, by the documentation provided for in Articles 43 and 46 of this Regulation.

Article 22. Resolution of the file.

1. After the period prescribed for the reply to the suspense, whether or not the applicant has replied, the Spanish Patent and Trademark Office shall resolve the file, agreeing to the grant or total or partial refusal of registration of the mark, specifying, succinctly, the reasons and rights that have caused the refusal.

2. In the event that in the reply to the suspense the application was divided, separating the products or services affected by the suspense of the unaffected, the Spanish Patent and Trademark Office, once the division has been admitted, will agree the granting of registration of the divisional application not affected by the suspense and shall, in accordance with the preceding paragraph, resolve the divisional application affected by such suspense.

3. The publication of the total refusal of registration of the mark in the "Official Journal of Industrial Property" shall include:

a) Number of the case.

b) The name of the requester.

c) Date of the denial agreement.

d) Date of publication of the application and number and page of the "Official Journal of Industrial Property" in which the application appeared published.

e) The number of classes for which the mark would have been denied.

(f) In the case of partial renunciation, limitation or modification made after the publication of the application, the number of classes renounced, limited or modified, followed, in the last two cases, of the products or services as they were limited or modified.

4. In the case of partial grant of the registration, the publication of the part of the application which would have been refused shall be made in accordance with the following Article, paragraph 2.f

CHAPTER VI

Record of the mark

Article 23. Publication of the registration of the mark.

1. If the examination of the trade mark has resulted in the application for registration of a trade mark not being made in the prohibitions or defects referred to in Article 20.1 of Law 17/2001 and no objections have been lodged against it, or inadmissible, withdrawn or dismissed in whole or in part, or, following the suspended suspension, the defects indicated ex officio have been exceeded, the Spanish Patent and Trademark Office shall agree, as appropriate, with the total or partial concession of the registration of the mark and order its publication in the " Official Gazette of the Property Industrial ".

2. The publication of the award of registration of the mark in the "Official Journal of Industrial Property" shall include:

a) The number of the record.

b) The name of the registry holder.

c) The date of granting the record.

d) The date of the "Official Industrial Property Bulletin" in which the application appeared published.

e) The number of the classes for which the registration is granted, with the indication of whether it is a total or partial concession in respect of the published application. If the grant of registration covers only part of the goods or services covered by one of the classes requested and published, the number of these classes shall indicate the goods or services for which it was finally granted. agreed to the registration of the mark.

f) In the case of partial concession, the number of the classes for which registration of the mark would have been denied.

g) In the case of partial waiver, limitation or modification made by the applicant after the publication of the application, the number of classes waived, limited or modified, followed, in the last two cases, of products or services as limited or modified.

(h) If, after the publication of the application, the flag of the mark has been changed as provided for in Article 23.2 of Law 17/2001, or the declaration referred to in Article 21.2 of the the new flag as amended and the content of the said declaration.

(i) If, after the publication of the application, the unionist or exhibition priority has not been granted, or the age claimed, or have been modified, any data relating to these rights, an indication in this regard or the mention of the new data as amended.

3. The publication of the direct grant of registration of a trade mark for an international registration or a Community trade mark shall include, in addition to the particulars referred to in Article 16 (2) and (3) of this Regulation, the following:

a) A mention that this is a direct grant by transformation.

b) Date of adoption of the direct concession agreement.

(c) Date of grant in Spain of the processed international registration or date of grant in the Office for Harmonization in the Internal Market of the Community trade mark, as appropriate.

Article 24. Issue of the title of registration of the mark.

1. In order to publish the registration of the trademark, the Spanish Patent and Trademark Office shall issue the registration title of the trademark, in which the following elements shall be included:

a) The number of the mark.

b) The name of the holder.

c) The reproduction of the mark.

(d) The date of submission of the application, the granting of the registration and, where applicable, the priority given.

e) If applicable, the description of the mark and the indication of the elements not claimed exclusively.

(f) The list of products or services for which it has been registered, with the number of the International Classification to which they belong.

2. In the case of processed marks, in addition to the elements referred to in the preceding paragraph, the origin mark and the number, the date of filing in the office of origin and, where appropriate, the particulars relating to the origin of the goods shall be listed in the title. the age claimed.

TITLE III

Refreshing the brand

Article 25. Notice of the expiration of the registration of the mark.

Within eight months prior to the expiration of the registration of the trademark, the Spanish Patent and Trademark Office may communicate to its owner, for information purposes only, the upcoming expiration of the registration of the trademark. The absence of such communication shall not affect the expiry of the registration, nor shall it determine the extension of the legal period for the renewal.

Article 26. Presentation and content of the refresh request.

1. The application for renewal shall be lodged with the Spanish Patent and Trademark Office or the competent authority of the Autonomous Community within the time limit laid down in Article 32.3 of Law 17/2001. The application shall be made in the standard forms established by the Spanish Patent and Trademark Office. However, the application shall not be rejected if it is lodged in the international standard form provided for in the Regulation of the Treaty on the Law of Trade Marks of 27 October 1994.

2. The application for renewal of the registration of the mark shall include:

a) An indication that the rebranding is requested.

(b) If the application is filed by the proprietor of the trade mark, his name and address, in accordance with the provisions of paragraph (b) of Article 1.1 of this Regulation.

(c) If the application is filed by a rightholder of the proprietor of the trade mark, the name and address of that right holder, in accordance with the provisions of paragraph (b) of Article 1.1 of this Regulation.

(d) In the event that a representative has been appointed, the name and address of the representative, as provided for in paragraph (f) of Article 1.1 of this Regulation.

e) The number of the record whose refresh is requested.

f) The filing date of the trademark application that resulted in the registration whose renewal is requested.

g) The indication that renewal is requested for all products and services covered by the registration, or only for a portion of them. In the latter case, the products and services for which the renewal is requested shall be indicated, grouped according to the class to which they belong to the International Classification, preceded each group by the number of their class.

h) Signature of the renewal applicant or its representative.

3. The application for renewal shall be accompanied by the proof of payment of the renewal fee in accordance with the classes which it comprises and, where appropriate, of the surcharges which it applies, as provided for in Article 32 (2) and (3) of the Law. 17/2001.

Article 27. Renewal requested by rightholders.

1. Where the renewal of the registration is requested by a rightholder of the holder, this circumstance shall be indicated in the application and such condition shall be established in the relevant change of ownership file. The application for renewal may be submitted in advance to the application for a change of ownership, at the same time or after it. The renewal application shall indicate the number of the change of ownership file or, if it is not known, the date of filing of the change or the intention to present it in the near future.

2. The renewal procedure shall be suspended until the resolution of the change of ownership file. If the application for change of ownership is not filed, no later than the end of the time limits provided for in Article 32.3 of Law 17/2001, the application for renewal shall be refused.

Article 28. Renewal procedure.

1. If the application for renewal is submitted within the time limits referred to in Article 32.3 of Law 17/2001, but does not meet any of the other requirements set out in that Law or in this Regulation, the Spanish Patent and Trademark Office declare the processing suspended and notify the applicant of any irregularities found to be in the way of subsane within one month of the publication of such suspense in the 'Official Journal of Industrial Property'.

2. If the application does not present irregularities or have been remedied within the prescribed period, the renewal of the registration of the mark shall be agreed and the corresponding renewal title shall be issued. The renewal agreement will be published in the "Official Industrial Property Bulletin".

3. If the irregularities are not remedied within the prescribed period, the application for renewal shall be refused. However, if the irregularity consisted in the underpayment of the renewal fees or the corresponding surcharges, but the amount paid was sufficient to cover any of the classes for which the renewal was requested, the The Spanish Patent and Trademark Office will agree to renew the registration only in respect of the classes whose fees would have been paid in full, including the part of the corresponding surcharge. In the absence of an indication from the applicant, the classes included first in the registration of the register shall be considered to be paid.

4. Reimbursement of the renewal fee referred to in Article 32 (7) of Law 17/2001 shall be agreed in the resolution of refusal of renewal, but shall be paid only if the decision is final and at the request of the interested.

Article 29. Expiration due to lack of refresh.

1. The Spanish Patent and Trademark Office shall declare the expiry of the trade mark when a request for renewal of the registration of the trade mark has not been lodged or has been lodged after the expiry of the time limits provided for in Article 32.3. of Law 17/2001.

2. The expiry of the trade mark shall also be declared when the time limits referred to in the preceding paragraph have been refused, without the person concerned having submitted a new application for renewal in due form.

3. The Spanish Patent and Trademark Office will publish the declaration of revocation in the "Official Industrial Property Bulletin" and cancel the registration of the trademark.

TITLE IV

Transmissions, licenses, and other rights modifications

Article 30. Content of the transmission enrollment request.

1. The application for registration of a trademark or application must be filed in the standard forms established by the Spanish Patent and Trademark Office. However, the application shall not be rejected if it is lodged in the international standard form provided for in the Regulation of the Treaty on the Law of Trade Marks of 27 October 1994.

2. The application for the registration of transmission must include:

(a) The name and address of the applicant or holder of the mark (transferor).

(b) The name and address of the new holder (transferee), as provided for in paragraphs (b) and (c) of Article 1.1 of this Regulation.

(c) Where the applicant for the registration of the transmission acts by means of a representative, name and address of the representative, as provided for in paragraph (f) of Article 1.1 of this Regulation.

d) Indication of the document or accrediting act of the transmission.

e) The number of the record or mark request that is transmitted.

f) Signature of the applicant or his/her representative.

3. The application for the registration of transmission shall be accompanied by the following documents:

(a) Proof of transmission, as provided for in Article 49 (2) and (3) of Law 17/2001.

b) Justicizer of the payment of the corresponding fee.

4. The application for the registration of a transmission may include several registrations and trademark applications, provided that the current holder is registered and the new holder is the same for each of the records or requests concerned.

5. Where the document certifying the transmission is one of the documents referred to in paragraph (c) of Article 49.2 of Law 17/2001, the same shall consist of the standard forms established by the Spanish Patent and Trademark Office, without prejudice that they may also be submitted on the international standard forms, as provided for in the last sentence of paragraph 1 of this Article.

Article 31. Partial transmission.

1. Where the transmission does not affect all the goods and services for which the mark is applied for or registered, the application for the registration of the transmission shall indicate this circumstance and specify the products and services. (i) the Commission's However, where the partial transmission affects all the goods or services in a class, it shall be sufficient to indicate the corresponding number of the class or classes of the International Nomenclator that are transmitted.

2. The application for the registration of the partial transmission shall be accompanied by the documentation provided for in Article 46 (2) of this Regulation and the other paragraphs of that Article shall apply, as appropriate.

3. The application for the registration of a partial transmission shall be in accordance with Article 30 of this Regulation.

Article 32. Content of the license enrollment request.

1. The application for registration of a trademark licence or application shall be filed in the standard forms established by the Spanish Patent and Trademark Office.

2. The application for registration of a licence must contain the particulars contained in Article 30 (2) of this Regulation and be accompanied by the documents referred to in paragraph 3 of that Article, but in this Article Case, licensor and licensee, licensed records or applications and certificate of license.

3. Where the document certifying the licence is one of the documents referred to in Article 49 (2) (c) of Law 17/2001, those documents shall consist of the standard forms to be established by the Spanish Office of Patents and Marks.

4. The application for registration of the licence must indicate whether it is exclusive or exclusive; total or partial, as understood by all or part of the products for which the trade mark is registered or applied for; unlimited or limited, as granted for all or part of the national territory; and indefinite or temporary, as granted for the entire life of the mark or for a given period of time. It should also be indicated whether the licensee may give the licence to third parties or grant sublicences.

5. Where the application for registration does not indicate any of the extremes provided for in the preceding paragraph, the licence shall be entered in accordance with the legal assumptions laid down in Article 48 of Law 17/2001.

Article 33. Registration of other rights.

1. The application for registration in the Register of Marks of the other acts and rights entered into in Article 46.2 of Law 17/2001, with the exception of the movable mortgage which shall be governed by its specific provisions, shall be in accordance with the requirements laid down in Article 4 (2). and the conditions laid down in Articles 30 and 31 of this Regulation, duly appropriate to the nature of the act or right to register. The application for the registration of options for the purchase or incorporation of real rights must also be accompanied by a public document, as provided for in Article 49.4 of Law 17/2001.

2. In the case of entry of embargoes or other enforcement measures or where the trade mark is affected by a bankruptcy or similar procedure, the application for registration in the Register of Marks submitted by the competent authority is not will be subject to payment of fees.

Article 34. Registration procedure.

1. Upon receipt of the application for registration of the change of ownership or any other change of rights, the competent body shall proceed as provided for in Article 50.2 of Law 17/2001 and shall issue to the depositor the proof of receipt of the submission in accordance with Article 5 (5) or (6) of this Regulation. Where the competent body chooses to issue a receipt, the number of files, the register or records concerned, the nature of the act to be entered, the number of documents submitted and the number of documents to be entered shall be recorded. place, day, time, and minute of presentation.

2. The competent authority of the Autonomous Community receiving the application shall proceed as provided for in Article 5 (7) of this Regulation, and the Spanish Patent and Trademark Office shall, after receipt of the data in the application, carry out the log records from.

3. The competent authority of the Autonomous Community concerned shall examine the documentation submitted in accordance with Article 50 (3) of Law 17/2001 and shall, if it has observed any irregularity, inform the applicant thereof, giving him the time limit for the a month for their healing. In the event that a partial transmission is requested, the competent authority of the Autonomous Community shall also examine whether the documentation provided for in Article 31.2 of this Regulation is accompanied, but without making known about the legality and validity of the same.

4. The Spanish Patent and Trademark Office, once the application for registration has been received, will examine it in accordance with the provisions of Article 50.5 of Law 17/2001 and, if it will observe any defects, will suspend the processing of the file, notifying the defects observed to the applicant so that within one month, from the publication of the suspense in the "Official Journal of Industrial Property", present their claims.

5. Where the body responsible for receiving the application is the Spanish Patent and Trademark Office, the examinations referred to in Article 50 (3) and (5) of Law 17/2001 may be carried out jointly and, in the case of irregularities or defects, to be communicated to the applicant by means of a single notification of suspense so that within one month the applicant submits or submits his or her claims.

6. The Spanish Patent and Trademark Office shall not register transmissions in favour of natural or legal persons who, in accordance with the provisions of Article 3 of Law 17/2001, may not be a trademark holder.

Article 35. Cancellation and modification of registration of licenses and other rights.

1. The registration of licences and the acts and rights referred to in Article 33 of this Regulation shall be cancelled at the request of one of the parties.

2. The cancellation request will contain the following indications:

a) Identification of the requester.

b) The number of the case under which the right to cancel was entered.

c) The number of the mark application or record affected by the right to be canceled.

d) Indication of the right to cancel.

e) Signature of the applicant or his/her representative.

3. The application for cancellation must be accompanied by the following documents:

a) Public proof of the extinction of the right or declaration signed by the licensee or holder of the right consenting to the cancellation of the registration.

b) Credit Justicizer for the corresponding fee.

4. The request for cancellation shall be submitted and processed in accordance with Articles 50 of Law 17/2001 and 34 of this Regulation.

5. The four preceding paragraphs shall apply, with the amendments coming to the attention of their different nature, to requests for amendments to the entries of the acts and rights referred to in paragraph 1 of this Article. Any request for amendment of the registration of one of these acts or rights shall be accompanied by the public document supporting that amendment or the declaration signed by the licensee or holder of the right consenting to the same.

TITLE V

Brand's Renunciation

Article 36. Total or partial renunciation of the mark.

1. The application for the waiver of the mark in accordance with the provisions of Article 57 of the Law shall be filed with the Spanish Patent and Trademark Office or the competent authority of the corresponding Autonomous Community and shall include:

a) An indication that partial or total renunciation of the mark is requested.

(b) The name and address of the proprietor of the mark, as provided for in paragraph (b) of Article 1.1 of this Regulation.

c) The record number of the mark whose waiver is requested.

(d) In the event that a representative has been appointed, the name and address of the representative, as provided for in paragraph (f) of Article 1.1 of this Regulation.

e) In the event that the waiver is requested only in relation to some of the products and services for which the trademark is registered, the products and services for which the waiver is made, grouped according to the class to which they belong to the International Classification, preceded each group by the number of their class. When the waiver affects all products or services of a class, it is sufficient to indicate the number of this class.

f) Signature of the trademark holder or his representative.

2. Where, in accordance with Article 57 (3) of Law 17/2001, it is necessary to accept the waiver of the consent of the holder of any right registered on the mark, it shall be sufficient to accompany the application for a a declaration signed by that right holder or by his representative, accepting that waiver.

3. The Spanish Patent and Trademark Office will examine whether the waiver application complies with the requirements and conditions laid down in Law 17/2001 and in this Regulation. In the event that there are irregularities, the processing will be suspended and the interested party will be notified so that within one month, from the publication of the suspense in the "Official Journal of Industrial Property", it will reply to the same.

If the above defects are not remedied within the set time limit, the registration of the requested waiver will be denied.

4. The Spanish Patent and Trademark Office shall publish in the "Official Journal of Industrial Property" the agreement to accept the waiver, specifying, in the event of partial resignation, the products and services that would have been the subject of the waiver and those for which the mark has remained. In case of total renunciation the cancellation of the registration of the mark will be carried out.

TITLE VI

Collective and warranty marks and trade names

Article 37. Applicable provisions.

Without prejudice to the provisions of this Title VI, the provisions of this Regulation shall apply to collective and warranty marks and trade names, in so far as they are not incompatible with their own nature.

Article 38. Regulation of the use of collective and guarantee marks.

1. The Regulation on the use of collective marks shall contain at least the following indications:

(a) The name and registered office of the applicant Public Law association or entity.

b) The object of the association or the entity governed by public law.

(c) The bodies authorised to represent the association or entity governed by public law.

d) The conditions for membership of the association.

e) People authorized to use the brand.

(f) Where applicable, the conditions of use of the mark, including penalties.

(g) Where appropriate, the forecast contained in Article 63 (2) of Law 17/2001.

2. The Regulation on the use of the guarantee marks shall contain at least the following indications:

a) The name and address of the brand applicant.

(b) The requirements, components, elements, conditions, origin or any other characteristics that the owner of the mark shall certify or ensure that they comply with the goods or services to which the mark is applied.

c) The measures that will be taken to verify these features.

d) The control and monitoring systems for the use of the brand.

e) The responsibilities and penalties in which improper use of the mark may be incurred.

f) The fee to be required for those using the mark.

(g) Where applicable, the forecast laid down in Article 69 (3) of Law 17/2001.

3. The Rules of Use shall be accompanied, in the case of collective marks, by the statutes of the applicant's association or entity, duly constituted and registered, and, in the case of the guarantee marks, of the favourable report of the body The competent administrative authority shall be responsible for the nature of the products or services to which the mark is intended. Where, pursuant to Article 69 (2) of Law 17/2001, it is to be understood that the report is in favour of administrative silence, that act and the competence of the body to which the report was requested shall be accredited.

4. Any amendment to the Rules of Use shall be submitted for approval by the Spanish Patent and Trademark Office. In the case of the guarantee marks, the amendment must be accompanied by the appropriate favourable report issued by the competent authority to the nature of the products or services to which the mark is intended. The Spanish Patent and Trademark Office shall examine whether the requested amendments comply with the conditions and requirements laid down in Law 17/2001 and in this Regulation, where appropriate, by transferring irregularities or defects to the applicant for the submission of the allegations within one month or the submission of their claims.

5. The agreement on the registration or refusal of the amendment of the Rules of Use will be published in the "Official Journal of Industrial Property".

Article 39. Trade names.

1. The application for a trade name registration shall expressly indicate that this flag mode is requested. The same reference shall be made in the other applications submitted for a commercial name.

2. In accordance with the conditions laid down in Article 30 (4) of this Regulation, the application for the registration of a commercial name or its application may be made in conjunction with trade mark applications or registrations.

TITLE VII

International and Community Brands

Article 40. Preliminary examination of the application for international registration.

1. The competent body receiving the application for international registration shall examine the documentation submitted in accordance with Article 82 (1) of Law 17/2001 and, if it has observed any irregularities, shall inform the applicant thereof, giving you ten days ' time for your healing.

2. The Spanish Patent and Trademark Office, after receiving the request submitted by the competent authority of the corresponding Autonomous Community, shall examine it in accordance with the provisions of Article 82.3 of Law 17/2001 and, if it has any defects, inform the applicant, giving the applicant the 10-day time limit for his/her remedy.

3. Where the body responsible for receiving the application is the Spanish Patent and Trademark Office, the examinations referred to in Article 82 (1) and (3) of Law 17/2001 may be carried out jointly and, in the case of irregularities or defects, to be communicated to the applicant by means of a single notification so that within 10 days the applicant submits or submits his or her claims.

Article 41. Request to transform an international record.

1. Received the request for conversion, the Spanish Patent and Trademark Office will examine:

(a) If the international registration on which it is based has been cancelled as provided for in Article 6.4 of the Protocol concerning the Madrid Agreement of 27 June 1989.

(b) If the documentation referred to in Article 83 (2) of Law 17/2001 has been filed within the period provided for in paragraph 1 of that Article of that Law.

(c) If the products and services covered by the application for processing were covered by the international registration for Spain, they are covered by the application.

2. If the examination above has been carried out, the failure to comply with any of the conditions laid down in the preceding paragraph shall be observed, the defects observed to the applicant shall be communicated to the applicant for a period of one month to submit his observations. The Spanish Patent and Trademark Office shall withdraw the application for processing if the reply submitted by the applicant does not justify the fulfilment of those requirements or shall not present the corresponding limitation or modification. of the products and services, adjusted to those effectively covered by the international registration.

3. After this examination, the application for conversion shall be treated as a national trade mark application, except in the case of the processing of an international registration already granted for Spain, in which case the application shall be made available to the Article 83 (3) of Law 17/2001 and the publication of the application shall not be made, but shall be granted in accordance with the provisions of Article 23.3 of this Regulation.

Article 42. Application for processing of a Community trade mark.

1. The application for the conversion of a Community trade mark shall not be accompanied by the application form for registration provided for in Article 1, but within two months of receipt of the request for conversion by the Community trade mark. Spanish Patent and Trademark Office, the applicant shall accompany the documents and comply with the requirements laid down in Article 86 (2) of Law 17/2001.

2. Where, pursuant to Article 86 (3) of Law 17/2001, the Spanish Patent and Trademark Office considers that the application for processing cannot be accepted for any of the reasons set out in Article 108.2 of the Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark shall notify the applicant, giving the applicant a period of one month to submit his observations.

This same period shall be granted to the applicant where, pursuant to paragraph 4 of that Article, it is considered that the Community trade mark cannot be granted directly. Upon receipt of the applicant's reply, the Spanish Patent and Trademark Office will resolve the matter.

3. In the case of the conversion of an already registered Community trade mark, the provisions of Article 86 (4) of Law 17/2001 shall be provided for and the publication of the application shall not be made, but shall be the grant of the registration in accordance with the provisions of Article 86 of the Treaty. provided for in Article 23.3 of this Regulation.

TITLE VIII

General provisions on procedures

CHAPTER I

Modifying the request or logging and correcting errors

Article 43. Modification of the mark application or registration.

1. The application for modification of the application or registration of the mark, as provided for in Articles 23 and 33 of Law 17/2001 respectively, shall include:

a) The number of the mark's application or record.

(b) The name and address of the applicant or proprietor of the mark, as provided for in paragraph (b) of Article 1.1 of this Regulation.

(c) If a representative has been appointed, the name and address of the representative, as provided for in paragraph (f) of Article 1.1 of this Regulation.

d) If this is a modification of the request, the indication of the item of the request to be modified and the modified version of that item.

e) If this is a modification of the record, the mention of the element of the name or address of the holder to be modified in the representation of the mark and the element in its modified version.

f) When the modification affects the representation of the mark, the reproduction of the modified mark in accordance with the provisions of Article 2 of this Regulation.

g) The signature of the data subject or his/her representative.

h) The justification for the payment of the modification rate.

2. The request for amendment shall be submitted to the body which at that time is dealing with the application for registration of the mark. Where the application for amendment relates to an already registered trade mark, it shall be submitted to the Spanish Patent and Trademark Office or the competent authority of the corresponding Autonomous Community, which shall forward it to that Office, in accordance with the provided for in Article 33 (2) of Law 17/2001.

3. If the requirements laid down in Law 17/2001 and in this Regulation are not complied with for the amendment of the application or registration of the mark, the irregularities or the objections observed shall be notified to the applicant and, if they are not remedied in the 10 days, the request for amendment shall be refused and the processing shall continue in the case where the requested amendment relates to a request for registration.

When the modification relates to a registered trademark, the denial agreement will be notified to the applicant.

4. The competent authority of the Autonomous Community which has agreed to the requested amendment shall inform the Spanish Patent and Trademark Office within five days of the adoption of the agreement, the data of the application as have been amended. The Office shall record the corresponding modifications to the register seats.

5. Where the modification of the application for the trade mark concerns the representation of the trade mark or the list of goods or services and is introduced after the publication of the application, the agreement to resolve the file shall be published by the the reproduction of the mark or the list of products and services as amended. The modification of the registration of the mark shall also be published in accordance with the provisions of Article 33.2 of Law 17/2001.

Article 44. Error rectification.

1. The faults of expression or transcription and the material errors contained in the application, registration of the trademark or in any document addressed to the Spanish Patent and Trademark Office or competent body of the corresponding Autonomous Community may be rectified at the request of the person concerned. However, if the request for rectification has as its object the distinctive, its description, its claimed elements or the enumeration of the goods or services, the rectification must be of such a nature that it is obvious that the only text which could have been proposed by the person concerned is the amendment and provided that this does not substantially affect the identity of the trade mark or the scope of its protection. The Spanish Patent and Trademark Office or competent body may require additional evidence where they reasonably doubt that the rectification requested is indeed an error.

2. Where, in the case of resolutions, registered seats or in the publication of the application or registration, any fault or error has been committed against the Spanish Patent and Trademark Office, it shall be corrected by the person concerned or at the request of the person concerned. In the event of a request by the data subject, the request for correction of these faults or errors shall not be subject to any fee.

3. The provisions laid down in Article 43 of the Regulation shall apply to the corrections provided for in Article 43 of the Regulation in respect of which it is not incompatible with its own nature or contrary to the provisions of this Regulation. Article.

4. The request for rectification of errors may include a number of requests or records of the same person, where the error or fault and the correction requested are the same. In this case, the numbers of all applications or records to be rectified shall be indicated, the corresponding fee being paid for each of the applications or records concerned.

Article 45. Changes in the name or address of the person or representative.

1. Where there is no change in the person of the proprietor or applicant of the trade mark, but if in his name or address, that change shall be entered in the Register of Marks at the request of that holder or applicant.

2. Change requests for name or address must include:

a) The number of the mark's application or record.

(b) The name and address of the applicant or proprietor of the trademark, as listed in the Trademark Register.

(c) If a representative has been appointed, the name and address of the representative, as provided for in paragraph (f) of Article 1.1 of this Regulation.

(d) The indication of the new name or address of the applicant or proprietor of the trade mark, as may be registered in the Register of Marks after the change.

e) The signature of the data subject or his/her representative.

(f) Where applicable, the supporting evidence of the corresponding fee, as provided for in tariff 2.2 of the Annex to Act 17/2001.

3. All records or requests belonging to the person concerned may be grouped together in a single application for a change of name or address. In this case, the numbers of all the applications or records concerned shall be indicated, the corresponding fee being paid for each of them.

4. When the Spanish Patent and Trademark Office reasonably doubts the veracity of the change in the name or address requested, it may ask the person concerned to submit the evidence showing such change.

5. The preceding paragraphs shall apply to the change of name or address of the representative.

6. Changes in the address of the applicant or proprietor of the mark shall not be subject to any fee.

7. The provisions laid down in Article 43 of the Regulation shall apply to changes in the name and address referred to in Article 43 of the Regulation in respect of which it is not incompatible with its own nature or contrary to the provisions of the Article.

8. The provisions of the foregoing paragraphs shall apply, in accordance with their own nature, to the changes of nationality of the applicant or proprietor of the trade mark or of the State in which he has his registered office, place or place of business.

CHAPTER II

Division of the request

Article 46. Division of the mark application or registration.

1. In the answer to the suspense for defects of form, substance or oppositions, the applicant may divide his or her trademark application into two or more divisional applications. The application may also be divided when the appropriate administrative appeal against the refusal of the mark is lodged or when a partial transmission is requested in accordance with Article 31.2 of this Regulation. The request for division shall be submitted to the body which at that time was processing the application for registration or was competent to resolve the appeal or was competent to receive the request for transfer, as appropriate.

2. For each resulting divisional application, separate instance shall be submitted, indicating the products and services which are broken down from the initial application and which make up the corresponding divisional application. Each division instance shall be accompanied by the corresponding segregated applications for registration with the particulars, requirements and documents required by Articles 1 to 4 of this Regulation. Such segregated registration applications shall also indicate the divisional nature of the applications and the number, date of submission and classes of the initial application for which they come.

The justification for the payment of the application fee referred to in Article 4 shall be replaced for the divisional applications by the divisional fee payment justification.

3. The list of products and services of divisional applications may not exceed the total number of products and services covered by the split initial application. If a general concept is used in the initial application, the same general concept must be used in the divisional applications, although the same general concept may be restricted by additions specifying the products or services to which each divisional application, without in any case overlapping between them.

4. Upon receipt of the request for division, the competent authority shall examine whether the request for division complies with the provisions of Article 24 of Law 17/2001 and whether it complies with the requirements laid down in the preceding paragraphs. If defects or irregularities are observed, the applicant shall be notified of the fact that within one month, the claims are subsane or present. If the defects are not remedied, the division shall be discontinued, the processing of the initial file continuing. During the division procedure, the registration or appeal procedure shall be suspended in accordance with the provisions of Article 26 (c) of Law 17/2001.

5. Agreed upon the division of the application, the Spanish Patent and Trademark Office or competent body shall open a new file for each divisional application submitted and shall include in each divisional application a full copy of the file of the application. initial application and in this initial file a copy of the divisional applications submitted. The competent authority of the Autonomous Community shall immediately forward to the Spanish Patent and Trademark Office the file of the initial application and the divisional application not affected by the suspension, continuing with the processing of the Divisional application affected by the suspense. The Spanish Patent and Trademark Office will assign a new number to each divisional application and will make the relevant registration log. The new number of the divisional application shall be communicated to the competent authority of the Autonomous Community.

6. Any request, request or statement made by the applicant in connection with the initial application shall be valid and applicable to the divisional applications.

7. The above paragraphs shall apply, as appropriate, to the division of the registration of the trade mark. The division of the registration of the trade mark, except as provided for in Article 31 of this Regulation, may be requested only in the appeal proceedings against the award of the trade mark. In this case, the division request shall be filed with the Spanish Patent and Trademark Office at the latest at the time of the response to the action brought.

CHAPTER III

Rights reset

Article 47. Rights reset request.

1. The application for the restoration of a right must be lodged within two months of the end of the impediment. The application shall be filed with the Spanish Patent and Trademark Office or the competent authority of the relevant Autonomous Community against which the time limit for the loss of the right has been breached.

2. The reset request must include:

a) Name and address of the applicant or trademark holder whose reset is requested.

b) If applicable, name and address of the representative.

c) Term or failed processing.

d) If applicable, agreement and date of the termination of the right and its publication or notification.

e) Stop the impediment date.

(f) Reasons for non-compliance, justification, evidence and allegations in support of the claim.

g) Signature of the data subject or his/her representative.

h) Justicizer of the rights reset rate credit.

3. With the application for the restoration of the right, the omitted procedure must be fulfilled, accompanied by the formalization of the act or the application, written or documentation that was omitted in its day in this procedure and whose absence determined the loss of the right.

Article 48. Examination and resolution of the application.

1. The competent body shall examine whether the application for the restoration of the right meets the conditions laid down in the previous Article and Article 25 (2) of Law 17/2001 and whether the act or procedure omitted has been duly complied with. all of its formalities when the request for reinstatement is submitted.

2. If any irregularity or defect is observed in the documentation submitted, both in respect of the application for recovery and of the compliance with the omitted procedure, they shall be communicated to the applicant so that within ten days the subsane shall be subsane. If the irregularities or defects identified are not remedied within that period, the request for recovery shall be withdrawn.

3. Where irregularities or defects have not been observed in the documentation submitted, the competent authority shall examine whether, in accordance with Article 25 (1), (5) and (7) of Law 17/2001:

a) Due diligence has been credited in the circumstances of the case.

b) The missed deadline is eligible for reset.

c) There is no third-party right that prevents the requested reset.

4. The examination provided for in the preceding paragraph shall be determined by the competent body, estimating or dismissing the restoration of the right. However, if the impediment provided for in point (c) of the preceding paragraph is present, the competent body shall, before it has been resolved, communicate that circumstance to the applicant and to the holder of the sign allegedly preventing the re-establishment. requested to submit their claims within a period of one month. In the light of these claims, the competent authority shall decide. The third party liable to be brought under the provisions of Article 25 (6) and (7) of Law 17/2001, of the Trade Marks Act, may appeal against the decision which restores his rights to the applicant.

5. The Spanish Patent and Trademark Office will publish its resolution in the Official Journal of Industrial Property.

6. Where the body responsible for resolving the application for the restoration of rights is an autonomous body, it shall communicate to the Spanish Patent and Trademark Office the submission of the application and the final decision taken.

CHAPTER IV

Notifications and communications

Article 49. Notifications and communications from the Spanish Patent and Trademark Office.

1. The notifications and communications to be made by the Spanish Patent and Trademark Office shall be made by the delivery or remission of the original document, a copy of the same signed or sealed, or a document prepared by computer which imprinted the stamp.

2. In addition to the means of notification provided for in Article 29 of Law 17/2001, notifications may be made at the premises of the Spanish Patent and Trademark Office by direct delivery of the document to the person who shall acknowledge receipt. of the same.

3. Where the notification is made by the deposit of the document in the mailbox available to the person concerned at the Spanish Patent and Trademark Office, the date of the deposit shall be entered in the notified document and in the copy on the file.

4. Notifications by fax or other technical or electronic means of communication shall be made by transmitting the original or a copy of the document as provided for in paragraph 1. The Director of the Spanish Patent and Trademark Office, in accordance with the provisions of the eighth additional provision of Law 17/2001, shall determine the details of such transmission within the framework of the criteria for security, standardisation and This is the case for conservation, as referred to in Royal Decree 263/1996 of 16 February, which regulates the use of electronic, computer and telematic techniques by the General Administration of the State. The notifications made in a telematic form shall be deemed to be carried out in accordance with Article 59.3 of Law 30/1992, of the Legal System of Public Administrations and of the Common Administrative Procedure.

5. Communications of a purely informative nature to be carried out by the Spanish Patent and Trademark Office may be made by ordinary, electronic or other technical means available to the Office.

Article 50. Stakeholder communications.

1. Applications for trademark registration, as well as any other application provided for in Law 17/2001 or in this Regulation and all other communications addressed to the Spanish Patent and Trademark Office or competent bodies of the Communities Autonomous by the persons concerned shall be effected by the filing in that Office or competent bodies or in the places provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, of an original signed of the document concerned.

2. Where this is established, such requests and communications may also be made by means of the presentation of the document in magnetic or electronic form or by means of transmission by fax or other electronic means. The Director of the Spanish Patent and Trademark Office shall establish the conditions, requirements and characteristics of these means of presentation or transmission, such as the equipment or material to be used, the technical details of the communication and methods of identification of the sender, in the framework of the safety, standardisation and conservation criteria referred to in Article 49 (4) of this Regulation. The creation of a telematic register for the receipt of applications transmitted by telematic means shall be in accordance with the provisions of Article 38.9 of Law No 30/1992.

Article 51. Standard forms.

1. The Spanish Patent and Trademark Office, in addition to the standard forms provided for in this Regulation, may provide for the submission of other applications and communications from interested parties. The approval of all forms shall be carried out by means of a decision of the Director-General of the Spanish Patent and Trademark Office.

2. Those interested in proceedings before the Spanish Patent and Trademark Office shall use such standard forms, copies of those printed or printed with the same content and format, such as forms created by means of processing data electronic.

3. The forms must be completed in such a way that their content can be automatically entered on a computer by, for example, character recognition and optical reading.

4. The Spanish Patent and Trademark Office shall make available to the public the standard forms referred to in paragraph 1 of this Article by making them available on telematic communication networks.

CHAPTER V

Registration of marks and information to the public

Article 52. Form and content of the Trademark Registry.

1. The Registration of Marks referred to in Article 1 of Law 17/2001 may be carried out in the form of an electronic database.

2. In the Register of Marks, the following entries shall be entered in relation to national trade marks, international trade marks and trade names:

a) The number of the registration request.

b) The filing date of the request.

(c) Name, address and nationality of the registrant or holder of the registration and the State in which he or she has its registered office, headquarters or establishment.

(d) Name and professional address of the representative, provided that the representative referred to in Article 56 (3) of this Regulation is not involved.

(e) the reproduction of the trade mark or trade name, with particulars relating to its nature, unless it is a trade mark or trade name to which the provisions of Article 2 (1) of this Regulation apply. When the record is in colour, the colour mention and the indication of the colours that make up the sign. Where applicable, a description of the sign.

f) The list of products and services, grouped according to the classes of the International Classification. Each group shall be preceded by the number of the class to which it corresponds, in the order followed by that International Classification.

g) The indications regarding the claimed unionist priority.

h) The indications regarding the claim of exposure priority.

i) The indications regarding the claim of seniority.

j) The applicant's declaration excluding any of the requested protection from the elements of the trademark or trade name.

k) The indication that this is a collective, warranty or international mark.

l) The indication that this is a national mark for the transformation of an international registration or a Community trade mark and the data relating to such applications or records (filing date and application number or registration).

m) The indication that this is a divisional request and the filing date and number of the request or record that is coming.

n) The indication that this is a merged record and the filing date and numbers of the records that it comes from.

o) Date of the withdrawal agreement of the application and, if applicable, of its publication.

p) Publish date of the request.

(q) The earlier signs, identified by their application number, for which, pursuant to Article 15.2 of this Regulation, the publication of the application would have been communicated to the holders of the same.

r) The date of the suspense and its publication.

s) Date of the agreement to refuse or grant the registration and its publication.

t) Data relating to the interposition and resolution of administrative and jurisdictional resources.

(u) Data concerning the subscription of an arbitration agreement, the award to which it is placed and, where applicable, the appeals filed against it and the resolutions adopted in relation thereto.

3. The following data shall also be entered in the trade mark register:

(a) Any modification of the name, address or nationality of the holder or applicant of the registration, or of the State in which it has its registered office, its seat or establishment.

(b) Any modification of the name or professional address of the representative, except in the case of the representative referred to in Article 56 (3) of this Regulation.

(c) When a new representative is appointed, his name and professional address.

d) Any modification of the trademark or trade name in accordance with the provisions of Article 33 of Law 17/2001.

(e) The reference to the amendment of the Regulation on the use of collective or guarantee marks in accordance with the provisions of Articles 65 and 71 of Law 17/2001 respectively.

f) Requests for full or partial transmission of the application or registration and the date of refusal or grant of registration.

g) The constitution, modification or assignment of a real right and the date of the refusal or grant of its registration. In the case of a movable mortgage, the date of your registration in the Furniture Registry will be entered.

(h) Forced enforcement measures and bankruptcy or similar procedures.

i) Applications for registration, modification or assignment of licenses and the date of refusal or grant of registration.

(j) Requests for cancellation of the entries referred to in paragraphs (g), (h) and (i) and the date of registration of their cancellation.

k) The request for renewal of the registration and its date of grant or refusal and publication.

l) The request to waive the registration and cancel the registration.

m) The date of the expiration agreement due to a lack of renewal and its publication.

n) The claims for the exercise of claims for actions, for annulment and revocation, and for judgments and other judicial decisions, in accordance with the provisions of Articles 2 and 61 of Law 17/2001.

4. The Spanish Patent and Trademark Office may, in addition to those provided for in the preceding paragraphs, register other particulars in the Register of Marks.

Article 53. Advertising.

1. The Registration of Marks is public. The advertising shall be made effective by consulting the database, obtaining computer listings or certification issued by the competent official.

2. The Spanish Patent and Trademark Office may provide, free of charge, the public consultation of the database by making it available to the public in telematic communication networks.

3. Certification shall be the only means of proving the content of the register registrations.

4. Certification shall be requested by the person concerned by means of the presentation to the Spanish Patent and Trademark Office of the relevant standard form in which the particulars on which the certificate is to be given shall be indicated. Where a general certification of registration of a trade mark or trade name is requested, it may consist of a corresponding computer listing of the database certified by the competent official. The application for certification shall be accompanied by the proof of payment of the fee.

Article 54. Public consultation of files.

1. The public consultation of files shall be carried out on the original documents or copies thereof.

When the files are stored using technical storage media, the public consultation will be carried out on these technical means. The Spanish Patent and Trademark Office will establish the way to complete the consultation. Until the corresponding fee has been paid, the application for public consultation shall not be submitted.

2. The parties to the file which the person concerned has expressed before the application for public consultation is kept confidential shall be excluded from public consultation unless the consultation of such parties in the file is concerned. justified by legitimate and preponderant interests of the party requesting the consultation.

3. Where the public consultation of a still unpublished registration application file is requested, the interested party in the consultation shall indicate and prove that the applicant for the file:

(a) You have given your consent, or (b) You have sought to assert against that party the rights arising from your application.

4. The consultation will take place at the premises of the Spanish Patent and Trademark Office.

5. Upon request, the public consultation shall be carried out by the issue of copies of the documents of the file. To obtain such copies the corresponding fee must be paid.

Article 55. Retention of files.

1. The Spanish Patent and Trademark Office shall retain the files relating to applications and trademarks and registered trade names for at least five years from the end of the year in which:

a) The request has been denied, withdrawn or withdrawn.

(b) The registration of the trade mark or trade name has expired in full in accordance with the provisions of Article 55 (a). 1 of Law 17/2001.

(c) The total renunciation of the trade mark or name in accordance with the provisions of paragraph (b) of Article 55 has been entered in the Register. 1 of Law 17/2001.

(d) The trademark or trade name would have been completely cancelled from the Register in accordance with the provisions of Article 61 (3) of Law 17/2001.

2. The Director of the Office shall establish the manner in which the files are kept.

3. The Spanish Patent and Trademark Office shall keep the records of all those records for which they have claimed their seniority in a Community trade mark, even if such records have been waived or have been left out. to terminate the Community trade mark once the Community trade mark has been registered, as soon as the Community trade mark continues in force.

CHAPTER VI

Representation

Article 56. Representation.

1. Except as provided in the following paragraph, no one shall be obliged to represent the Spanish Patent and Trademark Office or the competent bodies of the Autonomous Communities. But if the address of the person concerned is outside the Spanish territory, an address must be indicated in Spain for the purposes of notification.

2. Without prejudice to the provisions of the last subparagraph of paragraph 1, natural or legal persons who do not have an effective and serious industrial or commercial establishment or establishment in the European Community shall, in accordance with the provisions of the Article 155.2 of Law 11/1986, of 20 March, of Patents, be represented by Agent of Industrial Property in any of the procedures established by Law 17/2001 or this Regulation.

3. Natural or legal persons who have their registered office or an effective and serious industrial or commercial establishment in the European Community may act by means of an employee of the same, provided that this employee is accredited to the Spanish Office of Patents and trademarks or competent bodies of the Autonomous Community corresponding to its proxy and indicate an address in Spain for the purposes of notifications.

The employee of a legal person referred to in this paragraph may also act on behalf of other legal persons who are economically associated with that person, even if these other persons

a) the legal basis of the law of the Member State of the European Community;

4. For the purposes of Article 1 (1) (f) of this Regulation, it shall be presumed that the representative has a serious and effective branch within the territory of the Autonomous Community of the lodging of the application, if he has an agreement of cooperation with another representative or acting through employees, auxiliaries or heads of state, who are domiciled in any of them in the territory of the Autonomous Community.

Article 57. Accreditation of the representation.

1. The representatives shall submit to the Spanish Patent and Trademark Office or the competent authority of the Autonomous Community the corresponding power signed by the person concerned for inclusion in the file. The powers may be granted for one or more applications or for one or more records identified in the power.

2. A general power may be submitted to the representative to act in relation to all trade marks or trade names of the power holder. The Spanish Patent and Trademark Office shall have a register of general powers for these purposes.

3. When the designation of a representative is communicated to the Spanish Patent and Trademark Office or the competent authority of the Autonomous Community, the corresponding power must be submitted within one month of receipt of the said representative. communication, if the direction of the power is located within the Spanish territory, or within two months, if that address is found outside that territory. In the event that no power is presented within the prescribed time limits, the procedure shall continue with the represented. Acts carried out by the non-accredited representative, with the exception of the lodging of the application for registration, shall be held if they are not confirmed by the representative within the time limits laid down. This shall be without prejudice to the provisions of the last sentence of paragraph 1 and Article 56 (2) of this Regulation.

4. Any representative who ceases to be a proxy shall continue to be considered as such until the expiration of his or her power has been communicated to the Spanish Patent and Trademark Office.

5. Unless otherwise provided by the authority itself, its extinction by the passing of the power shall not prevent the person from taking action before the Spanish Patent and Trademark Office or competent bodies of the Autonomous Communities from the acts of conservation, the defence and maintenance of the applications and records of the power that are essential until the designation of a new proxy by the heirs of that person or the personal appearance of the latter.

Additional disposition first. Compliance with procedures.

For the purposes of the provisions of the fourth additional provision of Law 17/2001, any action relating to the application, processing, processing, processing, processing, processing, processing, processing, processing, processing, or opposition, renewal, priority claim, payment of fees or even formulation of resources in respect of any form of industrial property. Accordingly, the proceedings or proceedings with that object, the period of which should expire on Saturday, may be validly effected on the first working day following that Saturday.

Additional provision second. Restoration of rights to other forms of industrial property.

Articles 47 and 48 of this Regulation shall apply, in any case which is not incompatible with its own nature or with the provisions of the seventh additional provision of Law 17/2001, of Marks, to patents, utility models, topographies of semiconductor products and industrial and artistic models and drawings.

Additional provision third. Computation of deadlines.

Without prejudice to the provisions of the first provision, the time limits laid down in this Regulation shall be taken into account in accordance with the provisions of Article 48 of Law No 30/1992 of 26 November 1992 on the Public administrations and the Common Administrative Procedure.

First transient disposition. Transitional rules applicable to establishment signs.

1. The provisions of this Regulation shall apply to the same provisions of this Regulation for the duration of the term of establishment of the establishment signs which is not incompatible with their own nature, or contrary to the transitional arrangements provided for in this Regulation. Law 17/2001. In particular, Article 15.2, Chapter IV of Title II and Title IV of this Regulation shall apply to it.

2. In accordance with the provisions of paragraph 2 (a) of the third transitional provision of Law 17/2001, where the renewal of the establishment label comprises only municipalities located in a single Autonomous Community, the application for Renewal shall be submitted to the competent bodies of the Autonomous Community. The application for renewal shall be lodged with the Spanish Patent and Trademark Office when it comprises the municipalities of the cities of Ceuta or Melilla or when, referring to any other municipalities, the organs of the Autonomous Community which the competent authority has not initiated its registration activities, as provided for in the fifth transitional provision of that Law.

3. The application and the renewal procedure shall be in accordance with Articles 26, 27 and 28 of the Regulation, in any case which is not incompatible with its own nature or contrary to the provisions of Law 17/2001 and this provision. In particular, it shall not apply to the renewal of the establishment signs, the delay period referred to in Article 32.3 of that Law or the indication of the products or services provided for in paragraph (g) of Article 26.2 of the Regulation to be replaced by the indication of the municipalities, branches and specific activities for which renewal is requested.

4. Where the competence to resolve the application for renewal corresponds to the bodies of the Autonomous Communities, the supporting evidence of the corresponding fee shall be adjusted to what they have.

Within five days of receipt of the request, the competent authority shall communicate to the Spanish Patent and Trademark Office the data of the renewal application in the manner provided for in Article 5 (7). of this Regulation. Once the application for renewal has been settled, the decision taken and, where appropriate, the administrative and judicial resources which are brought against it and the decision which it has taken shall be communicated to the Office in the same period. relapses on them. The Spanish Patent and Trademark Office shall, at the request of the competent body, provide a copy of the file or any data requested from it.

Second transient disposition. Application of the International Classification to the renewed trade names.

1. In accordance with the provisions of the sixth transitional provision of Law 17/2001, in the first renewal after the entry into force of that Law, the commercial names granted under the previous legislation will be classified as agreement with the International Classification of Products and Services.

2. The request for this renewal shall be in accordance with Article 26 of the Regulation. However, it shall be specified in the same paragraph that it is a first renewal with adaptation to the International Classification and the products or services for which the renewal is requested, grouped according to the class to which it belongs, shall be indicated. International classification, preceded each group by the number of its class. The list submitted may not include products or services other than those included in the list of activities protected by the trade name.

When the list of activities contains excessively generic and totally indeterminate concepts, they must be dispensed with in the adaptation to the International Classification.

3. The renewal procedure shall be in accordance with Article 28 of the Regulation. The defects or repairs observed in the classification proposed by the person concerned shall be notified to it, as provided for in paragraph 1 of the abovementioned Article. The Spanish Patent and Trademark Office shall, in the light of the reply of the person concerned, decide to grant the renewal for the goods or services it considers to be correctly classified, unless there are other non-subsated irregularities which prevent the grant of the requested refresh.

Transitional provision third. Merging records.

1. Where, in accordance with the transitional provisions of Law 17/2001, the merger in a single register of several marks granted is requested in the first renewal to be made after the entry into force of that Law, the person concerned must submit the application for renewal in accordance with Article 26 of the Regulation. The renewal application must also include:

a) A mention indicating that multiple marks are requested to be merged into a single record.

b) The numbers of the mark records for which the merge is requested.

c) The mention of the products and services of the merged register for which renewal is requested, grouped according to the class to which they belong to the International Classification, preceded each group by the number of their class and disposed of these correlatively following the numerical order of said Classification. This list of products and services will be made even if the renewal is requested for all products and services protected by the different merged records.

2. The renewal procedure shall be in accordance with Article 28 of the Regulation. However, the Spanish Patent and Trademark Office will also examine whether the proposed merger complies with the requirements laid down in the seventh transitional provision of the Law and in this provision. If any defect is observed or repaired, the person concerned shall be notified in accordance with the provisions of Article 28 (1) above.

3. If the defects or objections relating to the application for a merger are not remedied within the prescribed period, the merger shall be refused. However, the requested renewal shall not be refused if it complies with the legally intended requirements for the records for which the merger was requested. In this case, the Spanish Patent and Trademark Office shall notify the person concerned of the refusal of the merger and the granting of the renewal in respect of the records which it has obtained. A copy of the submitted renewal application and of the resolution adopted shall be incorporated in the files of these records.

4. When the requested refresh and merge is granted, a new case will be opened in which the files for the merged records will be incorporated, assigning a new number to the resulting merged record.

The Spanish Patent and Trademark Office will also carry out the relevant registration records, cancelling each of the merged records, indicating the reason for this cancellation and the number of the file in which they have been built-in.