JOHN CARLOS I,

KING OF SPAIN.

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law:

The distinctive signs are effective and necessary instruments in business policy and also represent an important mechanism for consumer protection.

The new conditions in which the exercise of trade is developed, the internationalization of the market, the emergence of new hiring techniques, the promotion of the services sector, as well as the strengthening of the protection of In the case of the Commission, the Court of Justiesand the Court of Justiesof the European Communities, the Court of Justiesand the Court of Justiesof the European Communities, the Court of Justiesof the European Communities,

Court of

On the other hand, the enactment of Law 11/1986, of March 20, of Patents has led to a certain legislative fragmentation in the field of industrial property, having to coexist a modern regulation on patents and models It is useful-which has effective institutions for the defence of exclusive rights-with the aforementioned legal protection in relation to distinctive signs contained in the PPE.

Likewise, the need to approximate the reality of the Register to the reality of the market so that the brand fulfills its true function towards the need to modify certain institutions of the law of marks; this is the case of the Figure of mandatory use of the registered trademark that has as one of its purposes to eradicate from the Register a large number of marks that are not being used and represent a serious obstacle for the access to the Registry of new marks that the entrepreneurs need for their performance in the market.

Finally, the work on trade marks is being developed at Community level, which makes it possible to know the guiding principles of future European trade mark law, particularly those that will govern the trade mark system. The Community will be able to live together with the national trade mark system in the future. Foreseeing this situation the Law aligns with the above principles.

Even when the new Law is called "Marks", as this is the distinctive sign par excellence and of greater importance, it also contains the regulation of the trade name, the label of establishment and the competition disloyal.

One of the most important aspects of the Trademark System is the acquisition of the right over the trademark. At this point, the new Law, for the sake of clarity and legal certainty, provides that the right to the mark is acquired by registration, in accordance with the new legislative trends of the Community countries. However, the user of a well-known sign in Spain has the power to cancel the mark subsequently registered that could create confusion with the previously used trademark, with which our legislation is adapted to the commitments as a result of our membership of the Paris Convention. Moreover, in order to avoid a radical change in the system of acquisition of the right which could harm the simple user of a sign, a transitional period has been foreseen during which this user will be able to cancel the registration of a trademark subsequently entered into that use.

The mandatory use of the registered trademark is another of the capital issues of trademark law that even justify its reform. In this sense, the Law has chosen to maintain this obligation, while modifying certain aspects of the old PPE to achieve greater effectiveness. Thus, in order to remedy the deficiency that made the PPE inoperative legislation at this point, a fundamental change is introduced for the system to become effective. The burden of proof of non-use will not fall on the plaintiff, but the mechanism of the reversal of the burden of proof is introduced: It will be the holder of the mark who in the corresponding judgment has to prove that he is using it in a way effective to prevent their expiration. On the other hand, the theme of the use of the brand is linked to that of the renovation. The application for renewal shall require the applicant to accompany a declaration in public document for the use of the mark. If such a declaration is not attached there will be no renewal of the mark.

Another innovation of the Law is the new regulation of trademark registration bans, distinguishing between absolute and relative prohibitions. The system is supplemented by the provisions relating to the deadline for exercising the appropriate actions to demand nullity; in this sense, it is established that if the mark infringes an absolute prohibition the action is imprinted, whereas if the infringement relates to a relative prohibition, the action must be exercised before the age of five.

Title III of the Law is dedicated to regulating the concession procedure, which does not vary substantially with respect to the one contemplated in the PPE, since the examination of the trade, of deep tradition in our country, is maintained. Through this ex officio examination, the Register checks whether the application is in any of the legal prohibitions, both the absolute and the relative ones; in this way, the interests of the small traders and the consumers remain safeguarded. Moreover, in the interests of the priority holders of trade marks, the appeal to the oppositions of interested third parties is maintained.

One of the most accused defects in the current legislation is that it did not grant the necessary instruments so that the holder could obtain the immediate cessation of the acts of violation of his trademark law, Exclusive right was, in the background, practically empty of content. The situation, common to all forms of industrial property, was mitigated with the measure that the Law of Patents provides in its derogatory provision, in that " all the modalities of industrial property will be subject as to jurisdiction, jurisdiction and procedure to the rules laid down in this Law. " The new Law is limited to expressly declaring applicable to trademarks the provisions that are contained in the Law of Patents on this matter.

A new aspect of the Law is the regulation of a very used figure in current trade, as is the license of trademarks. In addition, the legal status of the trade mark as the object of the right of ownership is supplemented by the regulation of the transfer of trade marks, while maintaining the traditional principle of free transfer.

The Law collects the principles that inspired the collective marking system provided for in the PPE and introduces, for the first time in a Law of Marks, the figure of the guarantee mark; with this innovation the Law gives an effective response to new market trends that demand instruments that serve to guarantee consumers the quality, origin and other characteristics of the products or services. Likewise, the regime of international brands that obtain protection in Spain through the Madrid Agreement is updated.

The Law also regulates two distinctive signs of deep tradition in our right: the trade name and the label of establishment.

The regulation of the trade name in the EPI suffered from certain drawbacks arising from the validity of the principle of veracity or authenticity. This principle involved the necessary coincidence between the name of the employer and his trade name. However, the Law is going to conceptualize the trade name as a true hallmark of the company. For this reason, the trade name is not required for any special requirement which has not been required for other distinguishing signs: Any sign which serves to identify a natural or legal person in the course of his business may be sensitive protection as a commercial name.

With this regulation of the trade name, we manage to solve various problems that are not solved by the service marks. In addition, a number of measures are set out in order to draw the border between the trade name and the service mark. Thus, the application for a commercial name is required to be accompanied by the high Tax License. On the other hand, it is available that if someone wants to use the trade name as a product or service mark, they must be registered separately.

As far as the establishment signs are concerned, the Law follows a continuous line with the PPE, although it must be recognized that it is part of a broader concept of the same. Like PPE, the protection of the label is limited to the municipal area and, likewise, the traditional limitation of a single label per establishment is established.

The provisions on trade names and signs of establishment are supplemented by a reference to the trade mark rules, which will apply to these forms of industrial property, provided they are not incompatible with their own nature.

The Law concludes with various provisions on unfair competition that come to replace the rules that are contemplated in the Law of 16 May 1902.

The regulation of this matter in the Law is very simple, but it can give an extraordinary game because, for the first time in our country, a prohibitive general clause is introduced. The general clause is supplemented by various non-limiting examples of acts of unfair competition, with the most common acts attempted to be reflected in the Act. The regulation concludes with a referral for actions, for the purpose of pursuing acts of unfair competition.

TITLE FIRST

General provisions

Article 1.

Any sign or means that distinguishes or serves to distinguish a person's goods or services from identical or similar products or services from another person is defined as a trademark.

Article 2.

They may, in particular, mark the following signs or means:

a) Words or combinations of words, including those that serve to identify people.

b) Images, figures, symbols, and graphics.

c) The letters, figures, and combinations.

d) Three-dimensional shapes including wrappers, packaging, product shape, or presentation.

e) Any combination of the signs or means that are mentioned in the preceding paragraphs.

Article 3.

1. The right to the mark is acquired by registration validly effected in accordance with the provisions of this Law.

2. However, the user of an earlier trade mark known to be known in Spain by the sectors concerned may claim to the courts for the annulment of a trade mark for identical or similar products which could create confusion with the trade mark. (a) where the action is taken before the date of publication of the registered trade mark, unless it has been applied for in bad faith, in which case the action for annulment shall be deemed to have been Prescriptible. The user shall, at the same time, make the corresponding application for registration of his mark. However, the processing of such a request shall be suspended until the judgment has acquired the force of res judicata.

3. If a trademark registration has been applied for with fraud of the rights of a third party or with violation of a legal or contractual obligation, the injured person may claim the property of the trademark, provided that he exercises the appropriate action vindicatoria prior to the date of the concession or within the maximum period of five years from the date of publication of such concession.

Article 4.

1. If, within a period of five years from the date of publication of its concession, the mark has not been the subject of effective and actual use in Spain for the goods or services for which it has been registered, or if such use has been suspended for an uninterrupted period of five years, the trade mark shall be subject to the penalties provided for in this Law, unless there are grounds for the lack of use.

2. For the application of paragraph 1, the following shall also be considered:

a) The use of the mark in a manner that differs in elements that do not significantly alter the way in which it is registered.

(b) The use of the trademark in Spain in relation to products or services intended exclusively for export.

3. The trademark shall be deemed to be used by its holder when it is used by a third party with the express consent of the third party.

4. The use of a trademark for a given product or service serves to accredit such use with respect to products or services of the same class of the international nomenclator or to similar products or services, or to products or services in connection with which the use of the same mark by a third party could give rise to a risk of association by consumers with respect to the origin of each other.

Article 5.

The registration of a mark is granted for ten years from the date of deposit of the application and may be renewed indefinitely for subsequent periods of ten years, provided that the requirements laid down in the Article 7.

Article 6.

1. In order to maintain the registration of the trade mark, the holder shall pay the corresponding five-year fees.

2. For the purposes of payment, the due date of each five-year period shall be, as appropriate, the date set for the first subparagraph of Article 29 (2) of this Law and, for the second, the last day of the month in which the fifth anniversary of the the date of deposit of the initial application for registration, in which case the corresponding payment may be validly effected within one month from that date.

3. The deadline for payment of the five-year period, without having been satisfied, may be paid for the five-year period with a surcharge of 25 per 100 within the first three months and 50 per 100 within the following three months, up to a maximum of six months of delay.

Article 7.

1. The registration of the mark shall be renewed upon application by the proprietor of the trade mark or his rights holders, who must prove this quality by public document, provided that the renewal fee is paid.

2. The application for renewal of the registration of the trademark shall be accompanied by a declaration in public document of use thereof, indicating the products or services in relation to which the mark has been used.

3. The application shall be submitted and the fee shall be paid in the six months preceding the expiry of the registration. Failing this, it may be made valid within six months of the expiry of the registration, with the obligation to satisfy, at the same time, a surcharge of 25 per 100 of the quota if the income takes place during the three months. first months, and 50 per 100 if performed within the next three months.

4. If the application for renewal covers only part of the goods or services for which the trade mark has been registered, the registration of the mark shall be renewed only in relation to the goods or services concerned.

5. The renewal, which shall be entered in the Register of Marks, shall take effect from the day following the expiry date of the corresponding period of 10 years.

6. The renewal will be published in the "Official Journal of Industrial Property", proceeding with the issue of the title, after payment of the corresponding fee and of the five-year successive period referred to in Tarifa 2. 17/1975, of 2 May on the creation of the Autonomous Agency Registry of Industrial Property. The payment of the abovementioned fees shall be in accordance with Article 29 (2), (3) and (4) of this Law.

In the event of the non-payment of the fees provided for in Article 29 of this Law, the renewal application shall be deemed to have been withdrawn.

Article 8.

1. The mark shall not be modified in the Register for the duration of the period, nor shall it be amended. However, if the trade mark includes the name and address of the holder, any modification of the mark which does not substantially affect the identity of the trade mark as originally registered, may be registered at the request of the holder after payment of the mark. the corresponding fee.

2. The amendments referred to in the preceding paragraph shall be published in the "Official Journal of Industrial Property", which may be used by any third party deemed to be prejudiced by the amendment.

Article 9.

1. The name of "derived marks" shall be registered as those requested by the holder of another registered trade mark for the same goods or services in which the same principal flag is indicated, with non-substantial variations of the same or variations relative to its accessory elements.

2. The derivative mark shall be processed in accordance with the procedure laid down in Title III of this Law; however, the examination of the prohibitions provided for in Articles 11, 12 and 13 shall relate only to variations in the main or the related elements to its accessories.

Article 10.

1. May obtain the registration of marks, in accordance with the provisions of this Law, natural or legal persons of Spanish nationality and natural persons or foreign legal persons who habitually reside or have an industrial establishment or effective and effective commercial in Spanish territory or enjoying the benefits of the Convention of the Union of Paris for the Protection of Industrial Property of 20 March 1883, in accordance with the provisions of the Act in force in Spain of this Convention.

2. They may also obtain the registration of marks, in accordance with the provisions of this Law, of foreign natural or legal persons not covered by the preceding paragraph, provided that in the State of which they are nationals, the natural or legal persons of Spanish nationality the registration of marks in accordance with the law of that country.

3. Natural or legal persons of Spanish nationality and foreign nationals who are nationals of one of the countries of the Union of Paris or who are, without being, domiciled or have an effective and real industrial or commercial establishment in the the territory of one of the countries of the Union may rely on the application of the provisions contained in the text of the Act in force in Spain of the Convention of the Paris Union for the Protection of Industrial Property of 20 March 1883 in all cases where these provisions are more favourable than the rules established in this Law.

TITLE II

From Record Bans

CHAPTER FIRST

Absolute Bans

Article 11.

1. They may not be registered as trademarks, in addition to any signs or means which may not constitute a mark in accordance with Article 1 of this Law, the following:

(a) Those consisting exclusively of generic signs for the products or services they intend to distinguish.

(b) Those consisting exclusively of signs or indications which have become customary or customary to designate products or services in the common language or in the loyal and constant customs of the trade.

(c) Those consisting exclusively of signs or indications which serve in trade to designate the species, the quality, the quantity, the destination, the value, the geographical origin, the time of production of the product or the service delivery or other product or service characteristics.

(d) Forms that are imposed for reasons of technical order or by the nature of the products themselves or which affect their intrinsic value.

e) Those that are contrary to the Law, to public order or to good manners.

(f) Those liable to mislead the public in particular on the nature, quality, characteristics or geographical origin of the products or services.

g) The color alone. However, it may be registered whenever it is delimited by a particular form.

(h) Those who reproduce or imitate the denomination, the shield, the flag, the decorations and other emblems of Spain, its Autonomous Communities, its municipalities, provinces or other local entities, unless it is due authorisation. In any case, they may only be an accessory element of the main flag.

(i) Those who have not been authorised by the competent authorities and must be refused pursuant to Article 6b of the Act in force in Spain of the Paris Convention for the Protection of Industrial Property of 20 March 1883. They may only be an accessory element of the main flag.

(j) Those who reproduce or imitate the official signs and punches of contrast and guarantee adopted by Spain or by any other State, unless they mediate due authorization.

2. Paragraph 1 (c) shall not apply if the trade mark has acquired, for the goods or services for which registration is requested, a distinctive character as a result of the use made of it.

3. The combination of several signs referred to in points (a) (b) and (c) of paragraph 1 may be registered as a mark if the combination complies with Article 1 of this Law.

CHAPTER II

Relative Bans

Article 12.

1. Signs or media may not be registered as marks:

(a) That by virtue of their phonetic, graphic or conceptual identity or similarity with a trade mark previously applied for or registered to designate identical or similar products or services, they may cause confusion on the market or generate a risk of association with the earlier mark.

b) That by virtue of its phonetic, graphic or conceptual identity or likeness with a trade name previously requested or registered to designate activities related to the products or services for which the trademark is sought, may be misleading in the market.

c) That they are identical to a previously requested or registered establishment label to designate the same activities as the products or services for which the mark is requested.

2. However, a trade mark similar to another trade mark or trade name previously applied for or registered for identical or similar goods, services or activities may be registered where the applicant submits in writing that the the previous registrant and, if necessary, take the necessary measures to avoid the risk of confusion.

Article 13.

They will not be able to register as trademarks:

(a) The name, surname, pseudonym or any other means identifying the registrant of the trade mark, provided that they are not in any of the prohibitions contained in Article 12.

(b) The civil name or image identifying a person other than the applicant of the mark, as well as the name, surname, pseudonym or any other means that for the generality of the public identifies a different person of the applicant, unless appropriate authorisation is provided. In any event, these signs will be subject to the other prohibitions contained in this Law.

c) The signs or means that result in improper use of the reputation of other registered signs or means.

(d) Signs or means that reproduce or imitate creations protected by a right of intellectual or industrial property, unless the proper authorization of the holder of such right is measured.

Article 14.

1. Unless it justifies its action, the agent or representative of a third party who is a proprietor of a trade mark in another country of the Union of Paris, shall not be able to register this mark in his name without the consent of the latter.

2. Within the time limits and under the conditions laid down in Articles 3, 26 and 48 of this Law, the proprietor of the trade mark may either object to the application submitted by his agent or representative or, if the trade mark has been granted, ask for his override, or claim brand or trademark application.

TITLE III

From The Log Procedure

Article 15.

1. In the registration of marks that is carried in the Registry of Industrial Property, they shall be entered, in accordance with the provisions of this Law and in the manner in which they are regulated, both the applications for registration and their registration. concession.

2. The application for registration of a mark may be filed directly, in the Registry of Industrial Property, where at the time of its receipt a number will be assigned to it and the day, hour and minute of its presentation shall be recorded.

3. It may also be presented in the Provincial Directorates of the Ministry of Industry and Energy, unless the competition for the implementation of industrial property corresponds to the Autonomous Community, the bodies of which shall be in this case, the competent to receive the documentation. In these cases, the administrative unit which has received the application shall state by means of diligence, the day, the hour and the minute of its submission and shall forward it to the Registry of Industrial Property.

In addition, applications may be filed in a Postal Office in open, by registered mail and with acknowledgement of receipt, addressed to the Registry of Industrial Property. The date, time and minute of its presentation shall also be recorded. In the event that the Postal Office does not record the time and minute, it shall be assigned as the time of filing the last of the day of deposit.

The application filed in any of the above administrative units will have the same effects as the one presented in the Industrial Property Registry.

Article 16.

1. In order to obtain a trademark registration, an application must be submitted which must contain:

a) An instance in triplicate addressed to the Director of the Industrial Property Registry.

b) A duplicate description of the same.

c) In the case of marks containing graphic elements, the evidence is suitable for reproduction.

(d) Other documents to be determined on a regulated basis.

2. The application shall be accompanied by the supporting evidence that the fee established for the filing of the application has been satisfied.

3. Both the application and the other documents to be filed in the Industrial Property Registry must be written in Spanish. In the Autonomous Communities where there is also another official language, such documents, in addition to Spanish, may be written in that language.

Article 17.

1. The application for registration of the mark must be addressed to the Director of the Registry of Industrial Property and signed by the applicant or his representative, in which case the provisions of Title XV of the Law of Patents.

2. In addition to the data to be regulated, the instance shall be completed, if appropriate, with the following data:

(a) In the event that a foreign priority is claimed, it shall contain a statement to that effect, indicating the date of priority and the country in which the right was acquired.

(b) If the mark has been used in official or officially recognized exposures, this circumstance shall be stated in order to benefit from the priority set out in Article 23 of this Law.

c) In the case of derived marks, the number of the main mark shall be stated.

d) Name and professional address of the Industrial Property Agent, if any. In such a case, an authorisation shall be submitted which shall be signed by the person concerned.

Article 18.

The description will contain at least the following mentions:

a) Identification of the holder.

b) The date on which the registration of the mark is requested and the indication of the priority that is claimed.

c) Reproduction of the requested sign or media as a mark.

(d) A brief, but detailed description of the sign or means with the elements forming it and in which the requested protection may be excluded from the protection requested in any of the paragraphs (a), (b) or (c) of paragraph 1. Article 11 of this Law.

e) A clear list of the products or services to which the trade mark is applied for, with an indication of the class of the international nomenclator to which they belong.

Article 19.

1. The application for registration of a trade mark may not comprise more than a single class of goods or services of the international nomenclator established by the Nice Agreement of 15 June 1957.

2. In the event that the holder of a trade mark in force wishes to extend the goods or services protecting his trade mark to another person included in the same class of the international nomenclator, he must apply for it in a new file, which shall be retained. the number of the former and which shall be processed in accordance with the procedure laid down in this Law for new applications.

Article 20.

1. Any application for registration of a trademark on a regular basis gives rise to the right of priority, on the day, hour and minute in which it has been filed.

2. For the purposes laid down in the preceding paragraph, the date of submission of the application shall be that of the time at which the applicant delivers in the Public Office entitled to that effect, in accordance with the provisions of Article 15, the following: documents:

a) A declaration that a brand record is requested.

b) The identification of the requester.

(c) The name in which the mark consists, in the case of a simply denominational mark or a design thereof, if it is graphic or mixed.

d) The products or services to which the mark will be applied.

3. However, if, before the publication of the application is made in the Official Journal of Industrial Property, as provided for in Article 25, the applicant shall make any rectification which involves the modification of the design of the trade mark, the priority will begin to be counted from the day, hour, and minute when the modification was requested.

The modification must be requested in writing upon payment of the corresponding fee.

Article 21.

1. Any person who has regularly filed a trade mark application in one of the countries of the Union for the Protection of Industrial Property or his successors in title shall enjoy the lodging of an application for registration in Spain. the same mark, of the right of priority laid down in Article 4 of the Act in force in Spain of the Paris Convention for the Protection of Industrial Property of 20 March 1883.

2. It shall have the same right of priority as referred to in the preceding paragraph who has lodged a first application for trade mark protection in a country which does not belong to the Union for the protection of industrial property, applications for registration of marks lodged in Spain with a right of priority with effects equivalent to those laid down in the Paris Convention for the Protection of Industrial Property of 20 March 1883.

Article 22.

1. The applicant who wishes to claim the priority of an earlier application must submit a copy certified by the Office of the country of origin of the previous application, in which the date on which the application was made is clearly stated. products or services that you love and a reproduction of the flag requested as a mark. Priority claim involves payment of the corresponding fee.

2. In the case referred to in the preceding paragraph, the holder shall submit the certified copy within three months of the date of filing of the application for registration of the mark. If this is not done, the priority claim will be considered withdrawn and the application will be assigned to the request that corresponds to the date, time and minute of the submission of the same.

3. If the priority of the mark used in an official or officially recognized exhibition is claimed, the Act in which this circumstance is established shall be mentioned, which must be found in the Register of Industrial Property, and in which the distinguishing and the products or services for which it was used.

4. In the case referred to in the preceding paragraph, the holder shall submit the formal application within a maximum of six months from the date of the record in the exhibition. Failure to do so within this period shall be deemed to be the priority, and shall be as in the second indent of the number 2.

Article 23.

A mark that has not yet been applied for has been used to designate products or services which have been listed in an official or officially recognised exhibition shall enjoy the right of priority of the date of admission of the products or services in the exhibition, provided that the application for trademark registration is submitted within six months of the date of admission.

Article 24.

1. The Industrial Property Registry will examine whether the application submitted meets the formal requirements set out in this Act. Any irregularities found in the application shall be notified to the applicant, in order to be able to remedy them within one month. If the irregularities are not remedied within this period, the application shall not be submitted; the decision shall be published in the Official Journal of the Industrial Property.

2. The Registry of Industrial Property shall also examine whether the application for registration of a trade mark pursues an abuse of situations, facts or signs of binding content against the legal order.

In this case, the Industrial Property Registry may suspend the publication of the application by communicating it to the applicant, so that, within one month, it presents the appropriate allegations.

If the Industrial Property Registry considers that the defects referred to in the previous two paragraphs have been remedied, it will publish the application and continue its processing. Otherwise, the request will be denied.

Article 25.

1. The application for registration of a trade mark which meets the formal requirements laid down in this Law, or whose irregularities have been remedied, shall be published in the Official Journal of Industrial Property.

2. The publication of the application shall contain the following particulars:

a) Name and address of the holder or holders.

b) Date of request and, if applicable, priority.

c) Clear reproduction of the signed or average sign as a mark.

d) List of products or services, with indication of the class of the international nomenclator.

Article 26.

1. You may object to the registration of the mark applied for by any interested party.

2. The opposition shall be made in writing, before the Registry of Industrial Property, within two months of the publication in the "Official Journal of the Industrial Property" of the application for the registration of the trade mark, and shall be subject to the payment of the the corresponding fee.

Article 27.

1. After the time limit for the submission of objections, whether or not they have been submitted, the examination of the application by the trade mark examiner to whom the file is concerned shall be carried out, pointing out the prohibitions laid down in Articles 11, 12 and 13 in which the latter may incur.

2. Where no oppositions and the examination have been made, it shall be the case that the application does not incur the prohibitions laid down in Article 13 (d) of the Law, the examiner to whom the file is responsible shall propose the grant of the mark applied for.

3. In the event that oppositions are presented or there is any repair indicated by the Registry, the suspension of the file shall be decreed, with the words of the opposition or the objections published in the "Official Journal of Industrial Property". (a) the applicant submits his or her arguments within one month from the date of the publication of the suspense in the 'Official Journal of Industrial Property'.

4. The applicant in the answer to the suspense may modify the mark, in the sense of limiting the products or services that were first requested or to delete from the whole of the mark the element that motivated the suspension, provided that such Delete does not substantially alter the mark as requested. These modifications shall be subject to the payment of the corresponding fee.

Article 28.

After the time limit set for the reply to the suspense, whether or not the person concerned has replied, the granting or refusal of the registration of the mark shall be proposed, as appropriate, and the file shall be settled by means of a decision motivated, specifying, in the event of a refusal, the reasons and records causing it.

Article 29.

1. The decision to refuse or grant registration of the mark shall be published in the "Official Journal of Industrial Property".

2. The registration of the mark shall be issued with the title, after payment of the corresponding fee, as well as the first five-year period, within one month, from the publication of the notice of concession in the "Official Journal of the Property" Industrial ".

3. The time limit for the payment of the fees referred to in the preceding paragraph, without having been satisfied, may be made in a valid manner, with the obligation to satisfy at the same time a surcharge of 25% of the quota if the The entry takes place during the first three months and 50 percent if it takes place within the next three months.

4. In the case of non-payment of the above fees, the application shall be deemed to have been withdrawn.

TITLE IV

The content of the trademark right

CHAPTER FIRST

Effects of the registration of the mark and its application

Article 30.

The registration of the trademark confers on its holder the exclusive right to use it in the economic traffic. Singularly, the holder may designate by the trade mark the corresponding goods or services, to enter on the market, duly identified with it, the goods or services for which the registration has been granted and to use the trademark for advertising purposes.

Article 31.

1. The proprietor of the registered trade mark may exercise the actions of Article 35 of this Law in respect of third parties who use in the economic trade, without their consent, an identical or similar mark or sign to distinguish products or identical or similar services, where the similarity between the signs and the similarity between the products and services may lead to errors.

2. Where the conditions listed in the preceding paragraph are met, it may be prohibited, in particular:

a) Put the sign in the products or in their presentation.

b) Offer the products, market or store them for this purpose or offer or provide services with the sign.

c) Import the products, export or submit them to any other customs regime, such as transit or depository.

d) Use the sign in business documents and advertising.

3. The proprietor of a registered trade mark may prevent traders or distributors from deleting such a mark without his express consent, but may not prevent them from adding separate marks or distinctive signs.

Article 32.

1. The right conferred by the registration of the trademark shall not allow its holder to prohibit third parties from using it for products marketed in Spain with such a mark by the holder or with his express consent.

2. The preceding paragraph shall not apply where legitimate reasons justify the holder's object to the subsequent marketing of the products, in particular where the characteristics of the products have been altered or altered after their marketing.

Article 33.

1. Provided that it is done in good faith and does not constitute a trade mark, third parties may, without the consent of the registered trade mark holder, use on the market:

a) Your full name and address.

(b) Indications concerning the species, quality, quantity, destination, value, geographical origin, time of production of the product or service delivery or other characteristics of the service.

2. The proprietor of a trade mark may not prohibit third parties from using the trade mark where it is necessary to indicate the destination of a product or service, in particular in the case of accessories or spare parts, provided that such use is made in accordance with fair industrial or commercial practices.

3. The use of an indication of geographical origin shall not be permitted where it coincides or is confuseable to a collective mark, and the indication in question may be replaced by a sufficiently indicative indication of the provenance.

Article 34.

1. The right conferred by the registration of the trade mark may be made only before third parties, except as regards Article 26, on the basis of its concession. However, the application for registration of a trade mark confers on its holder, from the date of its publication, a provisional protection consistent with the right to a reasonable and appropriate compensation to the circumstances, payable by any third that between that date and the date of publication of the concession would have carried out a use of the mark which after that period would be prohibited.

2. It is understood that the application for trademark registration has never had the effects provided for in the previous paragraph where it had been or was deemed to be withdrawn, or when it had been refused under a firm resolution.

CHAPTER II

Shares for trademark law violation

Article 35.

The holder of a registered trademark may exercise before the courts the civil or criminal actions that correspond to those who injure his right and require the necessary measures for his or her safeguard.

Article 36.

In particular, the owner whose trademark law is injured may ask on the civil road:

a) The cessation of acts that violate their right.

b) Compensation for damages suffered.

(c) The adoption of the necessary measures to prevent the continuation of the violation, and in particular the removal of the products, packaging, packaging, advertising material, labels or other documents from the economic traffic, the violation of the trademark law has materialised.

d) The publication of the judgment at the expense of the sentenced person by means of notices and notifications to the persons concerned. This measure shall apply only where the judgment so expressly provides for it.

Article 37.

All those who perform any act of violation of the registered trademark shall be obliged to indemnify the damages caused if they have been duly advised by the proprietor of the trademark on the the existence of this, properly identified and its violation with the requirement that they cease in the same, or in their performance, have mediated guilt or negligence.

Article 38.

1. Compensation for damages shall include not only the losses incurred but also the profits left from obtaining by the owner of the registration of the mark because of the violation of his right.

2. The amount of the gains to be obtained shall be fixed, at the discretion of the injured party, according to one of the following criteria:

a) The benefits that the holder would have obtained by using the trademark if the violation had not taken place.

b) The benefits that the offender has obtained as a result of the violation.

(c) The price the infringer would have had to pay to the holder for the grant of a licence which would have allowed him to carry out his/her use in accordance with the law.

3. For the fixing of the allowance, account shall be taken of the reputation and prestige of the mark and the number and class of licences granted at the time of the infringement.

4. Compensation for damages may only be required in relation to acts of rape carried out during the five years preceding the date on which the action was taken.

Article 39.

Civil actions arising from violation of trademark law are prescribed at five years, counted from the day they may be exercised.

Article 40.

The rules contained in Title XIII of Law 11/1986, of March 20, of Patents, will apply in all that which is not incompatible with the very nature of the marks. In particular, Article 128 of the Patent Law shall not apply to the trade marks.

CHAPTER III

The mark as a property right object

Article 41.

1. Irrespective of the transfer of the entire or part of the undertaking, the mark and the application for registration of the mark may be transferred by all means which the right recognises.

2. For the purposes of their assignment or lien, the application for trademark registration or the mark already granted are indivisible, although they may belong in common to several persons.

Article 42.

1. Both the trademark application and the trademark may be licensed for all or part of the products or services for which it is registered and for all or part of the Spanish territory. Licenses may be unique or non-exclusive.

2. The rights conferred by the registration of the trade mark or by his application may be exercised in respect of any licensee who violates any of the limits of his license established by his contract or by virtue of the provisions of the previous.

Article 43.

For the sale or license of the trademark to take effect against third parties, it must be filed in writing and be entered in the trademark register.

Article 44.

1. The registration of the transfer or licence must be made by application, accompanied by the public document supporting and copying, in which the payment of the taxes, their exemption or non-attachment must have been satisfied and, if applicable, registration in the corresponding Register.

2. The following data shall be entered in the instance for which the registration is requested:

(a) Identification of the trademark holder and of the transferee or licensee.

b) Identification of the mark object of the inscription.

3. In the same instance, registration of the assignment or license of several marks may be requested without limitation of number, paying for each record affected the corresponding fee.

4. The transfer or licence of the principal mark shall bear with it that of its derived marks, which alone may not be the subject of a transfer or licence.

Article 45.

1. If the application for registration of the transfer or licence is received, the registration shall be declared in abeyance if defects are observed in the documentation, notifying the person concerned to remedy the defects which have taken place within two months. indicated.

Elapsed time there will be no new notification about the persistence of defects in the documentation, and proceed as indicated in the following paragraph.

2. The Registry of Industrial Property shall decide to grant or refuse, in whole or in part, the application for registration, with the publication of the resolution in the "Official Journal of Industrial Property", with an express mention of the following data:

a) Cesionary or licensee.

b) Case number.

c) Identification of the affected records.

d) Date of resolution.

e) Agent of the industrial property, if you have intervened.

Article 46.

1. The trade mark may, irrespective of the undertaking, give itself a guarantee or be the subject of other real rights. In the event that a movable mortgage is established on the mark, it shall be regulated by its specific provisions and its constitution shall be notified to the Registry of Industrial Property.

2. The trade mark may also be seized independently of the undertaking and be the subject of the measures resulting from the enforcement procedure.

3. In order to ensure that the rights and measures referred to in the previous paragraphs take effect against third parties, they must be registered in the Register of Marks and published in the "Official Journal of Industrial Property".

TITLE V

From nullity and expiration

CHAPTER FIRST

From nullity

Article 47.

1. The registration of the mark shall be cancelled if by a final judgment it is declared that it is void in breach of the provisions of Articles 1 and 11 of this Law.

2. However, where the trade mark has been registered in contravention of Article 11 (1) (c), it shall not be declared void if, after its use by the proprietor of the trade mark or with his consent, he has acquired after his record a distinctive character for the products or services for which it is registered.

3. The action to request the nullity of a trademark in contravention of the provisions of Articles 1 and 11 of this Law is imprinted.

Article 48.

1. The registration of a mark shall be cancelled if it has been annulled by a final judgment as contrary to the provisions of Articles 12, 13 and 14 of this Law.

2. The action to request the nullity of the marks registered against the provisions of Articles 12, 13 and 14 prescribes five years after the publication of the concession of the registration in the "Official Gazette of Industrial Property", the registration of the mark would have been applied for in bad faith, in which case the action would be imprinted.

Article 49.

If the registration of the trademark is declared null and void only in respect of a portion of the goods or services for which the trademark has been registered, the cancellation will comprise, only, these products or services.

Article 50.

1. The declaration of invalidity implies that the registration of the mark was never valid, considering that neither the registration nor the application that originated it has ever had the effects provided for in Title IV, Chapter 1, of this Law, in the measure in which the nullity has been declared.

2. Without prejudice to the compensation for damages to which it would have occurred where the proprietor of the trade mark had acted in bad faith, the retroactive effect of the invalidity shall not affect:

(a) To the resolutions on violation of the mark that would have acquired force of res judicata and would have been executed before the declaration of nullity.

(b) To contracts concluded prior to the declaration of nullity in so far as they have been executed prior to the declaration of nullity. However, for reasons of fairness, and to the extent that circumstances warrant it will be possible to claim the restitution of sums paid under the contract.

3. Once signed, the declaration of nullity of the registration of the trademark will have force of res judicata in front of all.

CHAPTER II

Expiration and Resignation

Article 51.

1. Registration of the mark shall be cancelled when its legal life expires, without it having been renewed in accordance with Article 7 of this Law.

2. The registration of the mark shall also be cancelled due to a lack of timely payment of the corresponding five-year period and, where appropriate, of the additional surcharge. The cancellation shall not take place, where there are real rights or liens entered in the register of marks, without making knowledge of the holders of those rights or obstacles to the default, as well as the possibility of avoiding the cancellation by paying those quantities within the time limit which is prescribed.

3. The registration of the mark whose expiry has been produced by any of the causes mentioned in the preceding paragraphs may be rehabilitated in accordance with the provisions of Article 117 of Law 11/1986 of 20 March of Patents.

Item 52.

1. Registration of the mark shall be cancelled when the holder submits in writing to the Register his renunciation of the trademark right.

2. If the waiver includes only a portion of the goods or services for which the trademark has been registered, the cancellation will cover only those products or services.

3. The resignation of the proprietor of the trade mark, on which there are actual rights, liens or licences registered in the trade mark register, shall not be permitted without the consent of the holders of the rights entered.

4. The waiver of the mark shall only have effects after it has been registered in the trade mark register.

Article 53.

The courts shall declare the registration of the mark on the courts and proceed with the registration of the Industrial Property to the cancellation of the trademark:

(a) When the mark has not been used in accordance with Article 4 of this Law. In the expiry action, it shall be for the proprietor of the trade mark to prove that the trade mark has been used in accordance with Article 4 or that there are grounds for the lack of use. However, the expiry of the registration of the trade mark may not be declared if, in the period between the expiry of the period laid down in that Article and the three months preceding the exercise of the expiry action, the proprietor of the trade mark demonstrates which has begun to use it in good faith according to such an article.

(b) Where in trade has become, by the activity or inactivity of its holder, the usual designation of the product or service in relation to which the trademark has been registered.

(c) Where, as a result of the use made by the proprietor of the mark, or which is done with his consent, for the goods or services for which it is registered, the trade mark may mislead the public, in particular the nature, quality, characteristics or geographical origin of these products or services.

(d) Where, as a result of a transfer of rights or for other reasons, the proprietor of the trade mark does not already comply with the conditions laid down in Article 10 of the Law.

Article 54.

If the cause of expiration only exists for a portion of the products or services for which the trademark is registered, the expiration declaration will only be extended to the affected products or services.

Article 55.

1. The registration of a trade mark, which has expired by virtue of Articles 51 and 52, shall cease to have legal effect from the time when the facts or omissions which gave rise to the expiry were produced, without prejudice to its publication in the "Official Industrial Property Bulletin".

2. The registration of an expired mark by virtue of a judgment will cease to produce effects from the moment the judgment gains firmness.

CHAPTER III

Common Provisions

Article 56.

The declarative action of the nullity or expiration of the registration of the trademark may be exercised by the Registry of Industrial Property or by any person who has a legitimate interest.

Article 57.

The final judgment declaring the revocation or the nullity of the registration of the trade mark shall be communicated, either on its own initiative or at the request of a party, to the Registry of the Industrial Property, so that it may proceed immediately to the registration of the cancellation and its publication in the "Official Journal of Industrial Property".

TITLE VI

Of the collective and warranty marks

CHAPTER FIRST

Of the collective marks

Article 58.

Associations of producers, manufacturers, traders or service providers may apply for the registration of collective marks to differentiate the products or services of their members from the products or services on the market services of those who are not part of such association.

Article 59.

1. The application for the registration of a collective mark shall include a Regulation of use, in which, in addition to the identification data of the applicant association, the persons authorised to use the mark shall be indicated, the conditions of affiliation to the association, the conditions of use of the mark and the reasons why the use of the mark may be prohibited from a member of the association.

2. Failure to comply with the collective mark regulation by the partners may be sanctioned by the trademark holder with the prohibition of their use or with other penalties provided for in the Regulations of Use.

Article 60.

1. The holder of the collective mark shall submit to the Registry of Industrial Property any proposal for amendment of the Rules of Use. Amendments which do not comply with the requirements laid down in Articles 59 and 66.2 of this Law shall be dismissed.

2. The amendment of the Rules of Use shall have effect from its registration in the Register of Industrial Property.

Article 61.

The collective mark may not be passed on to third parties or may be authorized for use by third parties who are not officially recognized by the Association.

CHAPTER II

Of warranty marks

Article 62.

1. The guarantee mark is the sign or means certifying the common characteristics, in particular the quality, the components and the origin of the products or services produced or distributed by persons duly authorised and controlled by the mark holder.

2. The designations of origin laid down in Law 25/1970 of 2 December of 2 December of the Staff Regulations of Vina, Wine and Spirits and supplementary rules which shall in any event be governed by their own laws shall not be registered as a guarantee mark. specific provisions.

Article 63.

1. The application for the registration of a guarantee mark shall include a regulation of use indicating the quality, components, origin or any other characteristics of the goods or services concerned. The Rules of Use shall also fix the control measures required to implement the holder of the guarantee mark and the appropriate penalties.

2. The Rules of Use shall be reported favourably by the Administrative Body responsible for the nature of the products or services to which the guarantee mark relates. In the case of an unfavourable report, the application for a guarantee mark registration shall be refused after the applicant has been heard.

3. Failure to comply with the guarantee mark regulation by users may be sanctioned by the holder with the revocation of the authorisation to use the trademark or with other penalties set out in the Rules of Use.

Article 64.

1. The holder of the guarantee mark shall submit to the Registry of Industrial Property any proposal for amendment of the Rules of Use. Amendments which do not comply with the requirements laid down in Articles 63 and 66.2 of this Law shall be dismissed.

2. The amendment of the Rules of Use shall have effect from its registration in the Register of Industrial Property.

CHAPTER III

Common Provisions

Article 65.

Collective and warranty marks shall be subject to the provisions laid down in this Law, unless otherwise provided for in this Chapter.

Article 66.

1. The signs or means of the prohibitions imposed by Articles 11, 12 and 13 of this Law, with the exception of those contained in Article 11 (1) (c), shall not be registered as collective marks and guarantees for the purposes of collective marks and guarantees. application to these marks in respect of geographical designations.

2. The registration of collective and guarantee marks which do not comply with the provisions of Articles 58, 59, 62 and 63 or if the Rules of Use were contrary to the law, to public order or to good manners shall also be rejected.

Article 67.

1. The applicant shall expressly indicate in the application for registration that the mark applied for is a collective mark or a guarantee mark.

2. The collective and guarantee marks shall be entered in a special section of the trade mark register.

3. The Regulation of the collective mark or guarantee and its subsequent modifications shall be deposited in the Register of Industrial Property for approval.

4. Any person may examine the Collective Mark or Guarantee Regulation deposited in the Industrial Property Registry.

Article 68.

1. Save as otherwise provided in the Rules of Use, the shares arising from the registration of a collective mark or guarantee may be exercised by the holder.

2. The owner of a collective or guarantee mark may, in the interests of the persons empowered to use the mark, claim compensation for the damage suffered by them due to the unauthorised use of the mark.

Article 69.

The use of collective and warranty marks by any person entitled to use such marks shall be in accordance with the provisions of Article 4 of this Law.

Item 70.

The registration of the collective or guarantee marks shall be declared invalid, in addition to the causes provided for in Articles 11, 12 and 13, in breach of the provisions of Article 66.2 of this Law.

Article 71.

The collective or warranty marks shall expire, in addition to the causes applicable to the individual marks, when any of the following circumstances are present and thus be declared in a firm judgment:

(a) That the amendment of the Rules of Use has been registered against the provisions of the first paragraph of Articles 60 and 64, first paragraph.

b) That the owner of a trademark has authorized or tolerated the use of the trademark against or in violation of the provisions of the Rules of Use.

(c) That the holder of a collective mark consisting of geographical names or signs has arbitrarily refused to authorise the entry into the association of a person who meets the requirements laid down in the Regulation of Use, or that the holder of a guarantee mark has arbitrarily refused to authorise the use of the mark to a person who accredits his ability to comply with the requirements laid down in the Regulation of Use. However, collective or warranty marks shall not expire when the judgment declares the right of that person to enter into the association and the maintenance in force of the collective mark or guarantee.

d) That the holder of a warranty mark has used it for the products or services that he or a person who is economically related to the manufacture or supply.

Article 72.

The collective and warranty marks whose registration has been cancelled by any of the causes provided for in this Law or have not been renewed by its owner, may not be registered in relation to products or services identical or similar for a period of three years from the day on which the cancellation of the registration of the mark was published or from the day on which the legal period for renewing the registration was concluded, as the case may be.

TITLE VII

From international brands

Article 73.

Whenever the holder expressly requests it, the international registration of a mark effected under the Act in force in Spain of the Madrid Agreement of 14 April 1891 concerning the international registration of marks, extend its effects in Spain.

Article 74.

The Registry of Industrial Property may refuse the protection of the international trademark in Spain, in accordance with the provisions of Article 5 of the Act in force in Spain of the Madrid Agreement of 14 April 1891 concerning the international registration of marks.

Article 75.

1. The holder of a trademark registered in Spain, who requests the international registration of the same, shall submit his application through the Registry of Industrial Property, in the form established in the Act in force in Spain of the Madrid Agreement of 14 April 1891, concerning the international registration of marks.

2. These applications may be submitted, in accordance with Article 15 (3), in the Directorates-General of the Ministry of Industry and Energy, unless the competition for the implementation of industrial property corresponds to the Autonomous Communities, whose organs will be in this case the competent ones to receive the documentation. In this case, the Autonomous Communities shall refer the application to the Industrial Property Registry.

3. When the international registration is requested or its renewal, a national fee shall be met.

TITLE VIII

The business name and label of the establishment

CHAPTER FIRST

From the trade name

Article 76.

1. A trade name means the sign or denomination which serves to identify a natural or legal person in the course of his business and who distinguishes his activity from the same or similar activities.

2. They may, in particular, constitute trade names:

(a) Patronimical names, social reasons and names of legal persons.

b) Fantasy names.

c) The names that are allusive to the object of the business activity.

d) Anagrams.

e) Any combination of the signs that are mentioned in the preceding paragraphs.

Article 77.

The trade name shall be protected under the conditions laid down in Article 8 of the Act in force in Spain of the Convention of the Union of Paris for the Protection of Industrial Property of 20 March 1883, provided that its Show that you have used it in Spain. Where the holder of the trade name exercises an action to declare the nullity of a trade mark or trade name or a registered sign of establishment to be declared invalid, he shall certify the use referred to in the preceding paragraph. and to initiate the action before the end of five years from the date of publication of the relevant concession.

Article 78.

1. The registration of the trade name in the Registry of Industrial Property is potestative and confers on its holder the exclusive right to use it in the economic traffic in the terms provided for in this Law.

2. In the application for a trade name registration, the business activity that is intended to be distinguished with the name requested must be specified and accompany the corresponding high tax license in that activity.

3. When you want to use the name of the trade name as a product or service mark, you must proceed to these records separately.

4. Failure to comply with the provisions of the previous paragraph and therefore the use of the trade name as a name to apply to products or services to the detriment of a trade mark shall be considered, where appropriate, as a violation of the right of brand exclusive or as an act of unfair competition.

Article 79.

The trade name may only be transmitted with the entire company.

Item 80.

1. Legal persons applying for the registration of their name as a trade name shall justify this fact by filing the relevant document or document of incorporation.

2. In the event that the name has been modified after its constitution, this end must be credited by public document.

Article 81.

In addition to the provisions of the foregoing Articles, they shall apply to the trade name, in so far as they are not incompatible with their own nature, the rules of this Law relating to trade marks.

In particular, the rules on registration procedure contained in Title III of this Law shall apply to trade names.

CHAPTER II

From the establishment label

Article 82.

1. The sign or denomination used to make public an establishment and to distinguish it from others intended for identical or similar activities is defined as a sign of establishment.

2. They may, in particular, constitute establishment signs:

(a) Patronimical names, social reasons and names of legal persons.

b) Fantasy names.

(c) The designations allusive to the activity of the establishment.

d) Anagrams.

e) Any combination of the signs that are listed in the above paragraphs.

Article 83.

The labels of establishments shall be registered for the term or municipal terms entered in the application.

When the registration of a sign is requested, the municipality or municipalities in which the establishment and the branches for which it is requested shall be expressed, as well as the activities to which it is intended.

When these branches are extended to other municipal terms, they will be understood to constitute a new record and the priority will be started from the date the person concerned formulates the new request.

Article 84.

For each establishment open to the public, it may not be recorded more than a single sign, which may be used for the main establishment and the branches that radiate in the municipality for which it has been registered. the label.

Article 85.

In addition to the provisions of the foregoing Articles, they shall apply to the title of the establishment, in so far as they are not incompatible with their own nature, the rules of this Law relating to trade marks.

In particular, the rules on the registration procedure contained in Title III of this Law shall apply to the signs of establishment.

Article 86.

You may not register as a sign of establishment a sign that is not sufficiently distinguished from a trademark or a trade name or other registered sign for the same municipal term.

TITLE IX

From unfair competition

Item 87.

Any act of competition that is contrary to the rules of correction and good commercial uses is considered unfair.

Article 88.

Without prejudice to what is established in the legislation, it is considered, in particular, unfair:

(a) Any act capable of creating confusion by any means in respect of the establishment, products or economic activity of a competitor.

b) False assertions, in the exercise of trade, capable of discrediting the establishment, products or commercial activity of a competitor.

(c) Indications or assertions whose use in the course of trade may mislead the public about the nature, mode of manufacture, characteristics, fitness in employment or quantity of the products.

(d) The direct or indirect use of a false or misleading indication as to the provenance of a product or service or the identity of a producer, manufacturer or trader.

e) The direct or indirect use of a designation of false or misleading origin, or the imitation of a designation of origin, even if the true origin of the product is indicated, or if the denomination is used in translation or is accompanied by expressions such as "gender", "type", "manner", "imitation" or similar.

Article 89.

In the face of an act of unfair competition, the actions provided for in Chapter II of Title IV of this Law may be instituted.

ADDITIONAL PROVISIONS

First.

The referral made under Article 139 of the Industrial Property Act of 16 May 1902 to Article 132 of the Law is to be construed as Articles 87 and 88 of this Law.

Second.

The Regulatory Law of the Common Administrative Procedure will be applied in a way that is applied to the administrative acts provided for in this Law, and these may be appealed in accordance with the provisions of the provisions of the provisions of the regulatory-administrative jurisdiction.

TRANSIENT PROVISIONS

First.

Brand registration applications, trade names and establishment labels that have been filed prior to the entry into force of this Law will be dealt with and resolved in accordance with the legal regulations. valid on the date of their submission.

Second.

Trade marks, trade names and signs of establishment granted in accordance with the provisions of the Industrial Property Statute shall be governed by this Law.

However, from the date of entry into force of this Law, and until the first renewal, as provided for in the Staff Regulations, the rules on duration, payment of the five-year period and the renewal provided for in the Statute.

Third.

Who is using a trade mark prior to the entry into force of the Law will be able to claim before the Courts the cancellation of a registered trademark for identical or similar products that could create confusion with the trademark previously used, provided that the action was taken before three years after the entry into force of the Law and it was not three years since the date of publication of the award of the mark whose registration is intended to be annulled.

Fourth.

During the four-year period from the entry into force of the Law, marks which have expired pursuant to Article 51 (2) may be rehabilitated by the holder or his successor in title the rehabilitation is requested within the year following the expiry of the period referred to in Article 6 (3) of this Law.

The rehabilitation file shall be processed in accordance with Article 161 of the Industrial Property Statute.

Fifth.

Judicial actions that have been initiated prior to the entry into force of this Law will be followed by the same procedure under which they would have been initiated.

Sixth.

As long as the Superior Courts of Justice are not constituted and are in operation, the jurisdiction to hear the civil judgments derived from the rights attributed in this Law corresponds to the Courts of First Instance of the capitals that host the Territorial Hearings.

REPEAL PROVISION

All rules which are contrary to this Law, and in particular the following, shall be repealed with the exception of the provisions of the transitional provisions:

1. Of the Statute on Industrial Property, approved by Royal Decree-Law of 26 July 1929, recast text approved by Royal Order of 30 April 1930 and ratified by law by the Law of 16 September 1931:

(a) First, third and fifth titles as soon as they affect trade marks, trade names and signs of establishment, leaving the provisions of the first, second and fourth transitional provisions to the exception.

b) The sixth title on film films.

c) The seventh title on false indications of provenance and credit and industrial reputation.

2. From the Industrial Property Act of May 16, 1902, the tenth title "From illicit competition."

FINAL PROVISIONS

First.

This Law shall enter into force six months after its publication in the "Official Gazette of the State".

Second.

1. The fees provided for in this Law shall be those laid down in Law 17/1975 of 2 May, on the creation of the Autonomous Body Registry of Industrial Property, updated its amount by the General Budget Laws of the State.

2. The tax rates for services, benefits and activities of the Industrial Property Registry may be modified in the Budget Laws of each year.

Third.

The Government, on the proposal of the Minister of Industry and Energy, will approve the Regulation and will dictate the other provisions necessary for the development and implementation of this Law and will establish the procedures and deadlines in the The Registry of Industrial Property shall carry out the various formalities and resolutions provided for therein.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Palacio de la Zarzuela, Madrid, 10 November 1988.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ