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Appeals

Introduction

The Spanish Patent and Trademark Office has developed a computer system which supports the online filing of appeals, using the Office's online registration service.

Regulating Order

Spanish Official State Gazette no. 87 of 12 April 2005. 

Order ITC/915/2005 of 12 April 2005 governing the creation of an online registration service for the Spanish Patent and Trademark Office

CASE AND APPELLANT'S DATA SCREEN

Appellant's details. The fields are:

  • Surnames/Registered Name. In the case of legal entities, enter the full corporate name. In the case of natural persons, enter both surnames. This is a compulsory field.
  • Only for natural persons. This is an optional field.
  • Document type and number. Natural and legal persons should enter their national identification number (NIF). This should have eight digits and a letter. Foreign individuals and legal entities should state their NIF or foreign national identification number (NIE) or, in the absence of these, the number of their identification document (passport, etc.).

Appellant's address. The appellant complete address should be entered: street/square; number, floor and letter, if applicable; postcode, town, province and country. Other identifying data can be included in the field "Street/Square, Number, Floor” as necessary, such as: road and kilometre number, industrial estate, warehouse, housing estate, building name, etc. The fields are:

  • Street, Square, Number, Floor, etc.Required field.
  • Country. Required field.
  • Province. Optional field.
  • Town/City. Required field.
  • Postcode. Optional field.
  • E-mail. This is a required field if "E-mail" is selected as the "Preferred means of notification", otherwise it is optional.
  • Telephone. Optional field.
  • Preferred means of notification. The appellant's preferred form of notification. This is a compulsory field. If there is no representative and the address is outside Spain, the means of notification must be "E-mail".

REPRESENTATIVE

If Act through a representative? is selected, the form for entering the representative’s details is displayed.

Representative identification. The fields are:

  • Type of representation. Select one of the three options:
    • Industrial Property Agent
    • Company employee
    • Other representative

If the representative is an Industrial Property Agent, only the Agent's code number is required. Otherwise, the name and surname(s) of the representative and their national identification number (NIF) are required.

  • Surname(s) or company name. In the case of legal entities, enter the full corporate name. In the case of natural persons, enter both surnames. This is a compulsory field.
  • Name of representative. Only required if the representative is a natural person. This is an optional field.
  • NIF/CIF. Representative's tax identification number (NIF) or tax identification code (CIF). This value is automatically taken from the certificate and is read-only if representative is the value selected. This field is compulsory if there is a representative.

Representative's address. Do not complete this section if the representative is an Industrial Property Agent. The representative's complete address should be entered: street/square; number, floor and letter, if applicable; postcode, town, province and country. Other identifying data can be included in the field "Street/Square, Number, Floor” as necessary, such as: road and kilometre number, industrial estate, warehouse, housing estate, building name, etc. The representative must provide a telephone number or e-mail address. The representative should specify whether their preferred form of notification is e-mail or post. The fields are:

  • Street, Square, Number, Floor, etc.Required field.
  • Country. Required field.
  • Province. Optional field.
  • Town/City. Required field.
  • Postcode. Optional field.
  • E-mail. This is a required field if "E-mail" is selected as the "Preferred means of notification", otherwise it is optional.
  • Telephone. Optional field.
  • Preferred means of notification. The representative’s preferred form of notification. This is a compulsory field. If the address is outside Spain, the means of notification must be "E-mail".

Proof of power of attorney. A power of attorney must be filed with the SPTO for applications through a representative. Use this section if: the power of attorney accompanies the application; the representative has a general power of attorney registered at the SPTO (indicate the registration number of the general power of attorney, unless this is pending assignment); the power of attorney has been filed in another case (identifying the case, indicating the registration category and number); or will be filed at a later date.

PROCEDURE DATA SCREEN

Appeal information The fields are:

  • Title or Sign. Indicate the title for inventions and the emblem or denomination for distinctive signs. For transfers and licences, indicate the numbers of files affected and their category. For example: Trademarks 571005 and 571006; Trade name 77501, etc.). This is a compulsory field.
  • Type of Appeal. Indicate the type of appeal: ordinary appeal, extraordinary appeal, etc. In principle, and as a general rule, appeals against awards, refusals, expiry, withdrawals, etc. should be lodged through an ordinary appeal. This is a compulsory field.
  • Reason for your opposition. Indicate the reasons for the appeal. If there is not enough space you may continue the statement by adding documents via the following screen. This is a compulsory field.
  • Select the type file using the drop-down menu: national trademark, patent, trade name, etc. In the case of renewals and transfers, indicate this in the category. This is a compulsory field.
  • File number. Indicate the number of the file being appealed (and the digit, if known). In the case of transfers or licences, indicate the transfer or licence number rather than the number of the records affected. This is a compulsory field.
  • Act Appealed. Use the drop-down menu to indicate the decision being appealed: award, refusal, expiry, etc. This is a required field.
  • BOPI publication date. Field in which to indicate the date on which the appealed decision was published in the Spanish Official Industrial Property Gazette (BOPI). This is an optional field.
  • Date of the decision being appealed. Field in which to indicate the date of the appealed decision, if known. This is an optional field.

DOCUMENTS SCREEN

Attached documents. Use this screen to attach documents.

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