ManagoraMANAGORA
ESEN

Application for revocation of a trade mark before the OEPM (Spanish Patent and Trade Mark Office) (Ley 17/2001 art. 54 + RD-Ley 23/2018)

Application for revocation of a trade mark before the OEPM (Spanish Patent and Trade Mark Office) (Ley 17/2001 art. 54 + RD-Ley 23/2018) 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: €319 to €319. Official tasa (government fee): 170,00 € OEPM fee for an application to invalidate or revoke a trade mark (tariff ME25, online filing). On paper it is 200,00 € (tariff MT25). We file online.

Application for a declaration of revocation (caducidad) of a registered trade mark before the OEPM, through the administrative route of art. 54 of Ley 17/2001, which has been the Office's own competence since RD-Ley 23/2018. Grounds: no genuine use for five years (art. 54.1.a, the most common), failure to renew after ten years, the mark becoming generic through the owner's inactivity, the mark becoming misleading, or surrender. The burden of proving use falls on the owner (art. 39) and standing to apply is broad. We prepare the application, file it with the OEPM on your behalf and follow the case through to the decision. There is also a court route before the Juzgados de lo Mercantil (Commercial Courts) (art. 61): it requires a procurador (court agent) and is not included in this service.

Start this procedure →See all procedures
Estimated total cost
€319 to €319
Managora's fee
€180.29 (21% VAT incl.)
Tasa (official government fee)
170,00 € OEPM fee for an application to invalidate or revoke a trade mark (tariff ME25, online filing). On paper it is 200,00 € (tariff MT25). We file online. (suplido: paid to the authority on your behalf, no VAT)
Processing time
The revocation action is not subject to any limitation period: it can be brought at any time. The OEPM normally decides the case within 6 to 12 months.
Where it is filed
Oficina Española de Patentes y Marcas (OEPM) ↗
What you receive
Application

Cost breakdown: Our fee 149 euros plus the OEPM fee of 170,00 euros for the revocation application filed online. Total 319 euros. There are no further costs: no court is involved and no procurador (court agent) is engaged..

Application for revocation of a trade mark before the OEPM (Spanish Patent and Trade Mark Office) (Ley 17/2001 art. 54 + RD-Ley 23/2018): how is it filed?

  1. 1Answer the questions (~12 minutes).
  2. 2Payment of our fee of 149 € plus the OEPM fee of 170,00 €.
  3. 3We draft the revocation application with the evidence you provide and file it with the OEPM on your behalf.
  4. 4We send you the filing receipt and follow the case until the OEPM decides.

Which documents do you need?

  • •Registry certificate for the trade mark.
  • •Evidence of the lack of use (market reports, absence of advertising).
  • •Evidence of your legitimate interest.
  • •Your earlier trade mark, if you have one.

Legal basis and things to bear in mind

  • Legal framework: Ley 17/2001 + RD-Ley 23/2018 + Directive (EU) 2015/2436.
  • Since 2018 the OEPM has had competence to declare revocation through the administrative route: that is the route used in this service, and it requires neither a lawyer nor a procurador (court agent).
  • Ley 17/2001 also allows revocation to be sought before the Juzgados de lo Mercantil (Commercial Courts) (art. 61), normally combined with other claims. That route requires a procurador and is not included in this service: here we provide only the administrative route before the OEPM.
  • Connections: registro_marca_oepm.

Application for revocation of a trade mark before the OEPM (Spanish Patent and Trade Mark Office) (Ley 17/2001 art. 54 + RD-Ley 23/2018): frequently asked questions

Application for revocation of a trade mark before the OEPM (Spanish Patent and Trade Mark Office) (Ley 17/2001 art. 54 + RD-Ley 23/2018): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is €319 to €319: Our fee 149 euros plus the OEPM fee of 170,00 euros for the revocation application filed online. Total 319 euros. There are no further costs: no court is involved and no procurador (court agent) is engaged.. Managora's fee is €180.29, 21% VAT included (€149.00 net + €31.29 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: 170,00 € OEPM fee for an application to invalidate or revoke a trade mark (tariff ME25, online filing). On paper it is 200,00 € (tariff MT25). We file online..

Application for revocation of a trade mark before the OEPM (Spanish Patent and Trade Mark Office) (Ley 17/2001 art. 54 + RD-Ley 23/2018): how long does it take?

The revocation action is not subject to any limitation period: it can be brought at any time. The OEPM normally decides the case within 6 to 12 months.

Application for revocation of a trade mark before the OEPM (Spanish Patent and Trade Mark Office) (Ley 17/2001 art. 54 + RD-Ley 23/2018): which documents do I need?

You need to have to hand: Registry certificate for the trade mark., Evidence of the lack of use (market reports, absence of advertising)., Evidence of your legitimate interest., Your earlier trade mark, if you have one.. 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 «Application for revocation of a trade mark before the OEPM (Spanish Patent and Trade Mark Office) (Ley 17/2001 art. 54 + RD-Ley 23/2018)»?

We file it for you, from start to finish.

Start now →