Changes to trademarks, rail transport and package travel to meet EU rules

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1. Trademarks no longer need a graphic representation: it is enough that they can be represented in the Trademark Register in a clear, precise and accessible way, allowing sounds, shapes or colors to be registered using available technology.
2. Protection for well-known trademarks is simplified: the distinction between notorious and renowned marks disappears, creating a single category of marks with a reputation in Spain or in the European Union.
3. The Spanish Patent and Trademark Office can now directly decide applications for nullity or expiry of a trademark, although this can also be raised as a counterclaim in a trademark infringement lawsuit.
4. Rail passenger transport in Spain (commuter and medium-distance services) is opened to competition from January 1, 2019, so rail companies will be able to access infrastructure in all Member States.
5. The independence of rail infrastructure managers is strengthened: they must be entities separate from rail companies, with rules on incompatible positions, financial transparency and oversight by the CNMC.
6. The National Markets and Competition Commission may limit a new company's access to the rail market if it endangers the economic balance of a public service contract, and must decide within six weeks.
7. For package travel, the protected person becomes the traveler (not only the consumer), and pre-contract information is strengthened and becomes binding on the business.
8. Travel organizers and retailers must guarantee refunds of payments and repatriation of travelers if they become insolvent, and the price can only rise if the contract provides for it; if the increase exceeds 8 percent, the traveler can end the contract.

Who it affects

• Businesses and individuals registering trademarks: They will be able to register signs without graphic representation, and opposition, renewal, nullity and expiry procedures change.
• Rail companies and train operators: They can enter the commuter and medium-distance passenger market and use the infrastructure, under new licensing and service rules.
• Rail infrastructure managers: They must guarantee their independence from rail companies and comply with financial transparency rules.
• Travelers booking package travel or linked travel arrangements: They will receive more information before booking and gain rights to refunds, contract termination and protection against insolvency.
• Travel organizers and retailers: They must provide guarantees, give binding information and take responsibility for performing the trip.

Words worth knowing

Real decreto-ley (royal decree-law)

A rule with the force of law that the Government can pass urgently, without prior approval by Congress, in cases of extraordinary and urgent need.

Transposition of directives

Adapting Spanish laws to comply with a directive, which is an EU rule each Member State must incorporate into its national law.

Marca renombrada (renowned trademark)

A trademark known by a significant part of the public interested in the products or services, which gives it stronger protection.

Viaje combinado (package travel)

A trip or vacation combining at least two travel services (for example, transport and accommodation) sold as a single product.

Servicios de viaje vinculados (linked travel arrangements)

The purchase of at least two separate travel services facilitated by the same business; it is not a package trip but still gives some protection.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries