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Law No. 17/2001 of December 7, 2001, on Trademarks

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Year of Version 2002 Dates Entry into force: July 31, 2002 Adopted: December 7, 2001 Type of Text Main IP Laws Subject Matter Trademarks, Trade Names, Enforcement of IP and Related Laws, IP Regulatory Body Notes The notification by Spain to the WTO under article 63.2 of TRIPS states:
'The Trademark Law No. 17/2001 of December 7, 2001 establishes a new legal regime to govern distinctive signs in Spain, incorporating the provisions of community and international law by which the Spanish State is bound, and contains substantive and procedural provisions that practice has shown to be advisable.
It will enter into force on July 31, 2002 except for the provisions of Title V, Article 85, third, fourth, eighth, tenth, eleventh, thirteenth, fourteenth and fifteenth additional provisions, which entered into force on December 9, 2001.
The third additional provision of the Law amends Articles 125, by adding a new paragraph 3, and 155 of Patent Law No. 11/1986 of March 20, 1986.
The thirteenth additional provision amends Articles 3.1, 4 and 5 of Law No. 17/1975 of May 2, 1975 on the Establishment of the Autonomous Industrial Property Register Agency.
As from its entry into force, the new law repeals the Trademark Law No. 32/1988 of 10 November, 1988; Title IX, Chapter II of the Industrial Property Code (Royal Decree-Law of July 26, 1929), in respect of trademarks, trade names and labels; Article 11.4, in respect of trademarks, trade names and labels, and letter (b) of the second paragraph of Article 11.5 of Law No. 17/1975 of May 2, 1975 on the Establishment of the Autonomous Industrial Property Register Agency; Article 2 of Royal Decree-Law No. 8/1998 of July 31, 1998 on Urgent Measures concerning Industrial Property; the sixth and seventh additional provisions and the second transitional provision of Law No. 14/1999 of May 4, 1999 on Public Fees and Prices for Services rendered by the Council for Nuclear Safety.'

Date of entry into force: See 'Final Third Provisions' for further details.

Available Texts Main text(s) Main text(s) Spanish Ley Nº 17/2001, de 7 de diciembre de 2001, de Marcas PDF HTML
Related Legislation Is superseded by (4 text(s)) Is superseded by (4 text(s))
Law No. 17/2001 of December 7, 2001, on Trademarks (as amended up to Royal Decree-Law No. 23/2018 of December 21, 2018) (ES236)
Law No. 17/2001 of December 7, 2001, on Trademarks (as amended up to Law No. 24/2015 of July 24, 2015, on Patents) (ES192)
Law No. 17/2001 of December 7, 2001, on Trademarks (as amended up to Law No. 2/2011 of March 4, 2011) (ES164)
Law No. 17/2001 of December 7, 2001, on Trademarks (as amended up to Law No. 20/2003 of July 7, 2003, on Legal Protection of Industrial Designs) (ES080)
Related Treaties
WTO Document Reference
IP/N/1/ESP/T/3
WIPO Lex No. ES086