Durán-Corretjer SLP

As you are aware,  European Union Trade Marks (EUTMs) can be converted into Spanish Trade Mark Applications when the EUTM has been rejected, withdrawn or it has ceased to have effect. For example, when a EUTM has been rejected on grounds of earlier rights that are not protected in Spain. The request must be filed within 3 months from the date on which the decision has become final or within 3 months from the date on which the EUTM application has been withdrawn or it has ceased to have effect.
Up to now, when the applicant requested the conversion of a EUTM at the EUIPO for Spain indicating the name of a Spanish representative, the Spanish Patent and Trade Mark Office (SPTMO) used to inform the Spanish representative of the assigned Spanish number and the term to fulfil  the Spanish requirements, including the payment of the Spanish fees.
As from 30 May 2019 on, this practice will change as the SPTMO will no longer send any communication to the designated Spanish representatives. It will be up to the applicant to submit through its Spanish representative within the deadline of 2 months from the date on which the SPTMO has received the conversion application from the EUIPO, the required documentation and the payment of the official fees. If this is not done, the application for conversion in Spain will be considered as withdrawn.
This means that, unless we are informed by our clients or associates that we have been designated as local representatives  in EUTM conversion proceedings for Spain we will not be informed by the SPTMO anymore, and the deadline could be missed.
Therefore, it is very important that from now on, in cases where our firm is designated as a Spanish representative in EUTM conversion proceedings, we are immediately informed by you so that we can submit all the documents and accomplish all the formalities by the deadline. Otherwise the conversion for Spain may be lost.