Can I register a hologram or an scent as a trademark? Trademark Law Reform

Can I register a hologram or an scent as a trademark? Trademark Law Reform

As of January 14, 2019, and after the amendments of the Trademark Law, it will be possible to register non-conventional trademarks such as holograms, position, three-dimensional, color, olfactory, tactile, flavor, etc.

The registration of trademarks other than word marks (plain text) or graphic marks (a drawing or logo) is one of the main novelties brought about by the amendments introduced with the Trademark Law. Such regulation transposes into our domestic law the provisions of European Directive 2015/2436.

From now on, for the registration of a trademark it is no longer necessary to be able to represent the trademark graphically. This measure allows the registration of a scent, a hologram or a three-dimensional mark, among others.

But this is not the only novelty. The new regulation also empowers the Spanish Patent and Trademark Office (SPTO) to directly decide on the invalidity or revocation of registered trademarks. By such measure, in most cases, it is no longer necessary to resort to commercial courts and this will undoubtedly speed up the process and reduce costs.

The new regulation also offers an absolute freedom for any natural or legal person – even public law entities – to apply for the registration of a trademark, eliminating the previous restrictions in this regard. The traditional distinction between “notorious marks” and “renowned marks” established in the old Spanish Trademark Law also disappears, leaving the so-called “renowned marks” as the only category of reinforced protection.

If you are thinking of registering a trademark or have any doubts regarding your already registered trademark, do not hesitate to contact us.

Marinel-lo @ Partners