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Trade mark invalidity action through the administrative route (OEPM, Spanish Patent and Trade Mark Office)

Trade mark invalidity action through the administrative route (OEPM, Spanish Patent and Trade Mark Office) is filed with Oficina Española de Patentes y Marcas (OEPM). With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: €449 to €849. Official tasa (government fee): Official OEPM tasa (official fee) for the trade mark invalidity or revocation application: 200 € if filed on paper (form MT25) or 170 € electronically (form ME25), in accordance with the schedule of fees of Ley 17/2001. We pay it on your behalf as a suplido (disbursement), at the exact amount in force.

We start administrative proceedings before the OEPM to cancel a third party's registered trade mark. Ideal if you missed the opposition deadline and the competing mark infringes your earlier rights or was applied for in bad faith, avoiding the high costs of the courts.

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Estimated total cost
€449 to €849
Managora's fee
€301.29 (21% VAT incl.)
Tasa (official government fee)
Official OEPM tasa (official fee) for the trade mark invalidity or revocation application: 200 € if filed on paper (form MT25) or 170 € electronically (form ME25), in accordance with the schedule of fees of Ley 17/2001. We pay it on your behalf as a suplido (disbursement), at the exact amount in force. (suplido: paid to the authority on your behalf, no VAT)
Processing time
The action is not time-barred where the invalidity is absolute. For relative invalidity, it lapses if you have tolerated the use of the later mark for 5 consecutive years.
Where it is filed
Oficina Española de Patentes y Marcas (OEPM) ↗
What you receive
Application

Cost breakdown: Our fee from 249 €. Approximate official tasa of 200 € (the exact fee amount cannot be inferred from the extracted legal texts)..

Trade mark invalidity action through the administrative route (OEPM, Spanish Patent and Trade Mark Office): how is it filed?

  1. 1Complete the form with the exact details of the trade mark you wish to cancel and the legal grounds.
  2. 2If you base the action on an earlier trade mark of your own, make sure you hold evidence of use of that mark over the last 5 years, in case the other side demands it.
  3. 3Payment of the official OEPM tasa is an essential requirement for the application to be treated as filed.
  4. 4Once admitted, the OEPM will give the owner of the challenged trade mark a deadline of 2 months to file written submissions (alegaciones).

Which documents do you need?

  • •Documentary evidence supporting the invalidity application (certificates of earlier trade marks, evidence of bad faith, etc.)
  • •Proof of legal representation or capacity to act (for groupings or legal entities)

Legal basis and things to bear in mind

  • Relative invalidity cannot be sought if you have tolerated the use of the new trade mark for 5 years, unless it was registered in bad faith.
  • This is a direct administrative route before the OEPM, which avoids having to go to the civil courts at the outset, making it a cheaper process.

Trade mark invalidity action through the administrative route (OEPM, Spanish Patent and Trade Mark Office): frequently asked questions

Trade mark invalidity action through the administrative route (OEPM, Spanish Patent and Trade Mark Office): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is €449 to €849: Our fee from 249 €. Approximate official tasa of 200 € (the exact fee amount cannot be inferred from the extracted legal texts).. Managora's fee is €301.29, 21% VAT included (€249.00 net + €52.29 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: Official OEPM tasa (official fee) for the trade mark invalidity or revocation application: 200 € if filed on paper (form MT25) or 170 € electronically (form ME25), in accordance with the schedule of fees of Ley 17/2001. We pay it on your behalf as a suplido (disbursement), at the exact amount in force..

Trade mark invalidity action through the administrative route (OEPM, Spanish Patent and Trade Mark Office): how long does it take?

The action is not time-barred where the invalidity is absolute. For relative invalidity, it lapses if you have tolerated the use of the later mark for 5 consecutive years.

Trade mark invalidity action through the administrative route (OEPM, Spanish Patent and Trade Mark Office): which documents do I need?

You need to have to hand: Documentary evidence supporting the invalidity application (certificates of earlier trade marks, evidence of bad faith, etc.), Proof of legal representation or capacity to act (for groupings or legal entities). You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Oficina Española de Patentes y Marcas (OEPM). You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Oficina Española de Patentes y Marcas (OEPM) ↗.

Shall we get started with «Trade mark invalidity action through the administrative route (OEPM, Spanish Patent and Trade Mark Office)»?

We file it for you, from start to finish.

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