On 14 January, certain amendments to the Trademark Act, Act No. 17/2001 of 7 December 2001 entered into force. The reform was carried out by means of Royal Decree-Law No. 23/2018 of 21 December 2018, which not only transposes provisions concerning trademarks to the Spanish legal system, but also provisions in areas as far removed from IP as rail transport, package tours and related travel services.

While the Royal Decree-Law has not yet been ratified (in fact, the legally established period of 30 working days has not yet elapsed), a significant proportion of the provisions amending the Trademark Act have already entered into force. One of them refers to the definition of a trademark. Now a trademark may consist of any sign capable of being represented in any manner which makes it possible to determine the clear and precise subject matter of the protection afforded. As has been the case for the past two years under the European Union trademark system, it is now possible to register signs that were not previously eligible for registration, such as multimedia marks or motion marks.

With this in mind, Elzaburu, a specialized industrial and intellectual property law firm, has filed the first application to register a motion mark at the Spanish Patent and Trademark Office. The application has been filed for its legal tech project, a collaborative platform developed by the firm for intellectual and industrial property management. The platform, called ElzaCloud is already a reality.

Elzaburu has set the wheels in motion not only by launching the ElzaCloud legal tech platform, but also by filing, under the new legal framework, the first application for the registration of a motion mark in Spain. Welcome ElzaCloud and welcome motion marks!

Author: Luis Baz

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