The SPTO estimates a trademark nullity and dismisses three from Aboca

The Spanish Patent and Trademark Office, O.A. (OEPM) has published in the Official Gazette of Industrial Property (BOPI) of September 9, 2026, the resolutions issued regarding several trademark nullity applications. Among them, the approval of the application submitted by XTRAÑAS PRODUCCIONES, S.L. stands out, which succeeds in annulling the challenged registration, compared to the dismissal of three applications from Aboca S.p.A. Società Agricola, whose registrations remain in force.

The resolutions are included under section 6 (Administrative Nullity) of Volume I of the BOPI, number 7234, and are not final in the administrative route: an administrative appeal (recurso de alzada) may be filed against them within one month before the director of the OEPM.

Approval in favor of XTRAÑAS PRODUCCIONES

The OEPM has approved the nullity application submitted by XTRAÑAS PRODUCCIONES, S.L., represented by María S. Muñoz García, with an approval date of September 2, 2026. The resolution declares the nullity of the challenged registration, owned by Juan Arranz González, represented by Isidro Díaz de Bustamante Terminel.

• Affected trademark: M 4290959
• Annulled classes: 37
• Approval date: 02-09-2026

In the same section of approvals, registration M 4288023 (class 41) is also annulled, at the request of Jonathan Varela Barrera against Francisco Javier Cerezo Sapena.

Dismissals of Aboca S.p.A.

In the dismissals section, the OEPM has rejected three nullity applications submitted by Aboca S.p.A. Società Agricola, represented by María Manuela Mendigutía Gómez, all with a dismissal date of September 2, 2026. In all three cases, the challenged registration remains in force:

• M 4129821, owner DFT El Globo, S.L., represented by Roberto Gil Romero
• M 4190692, owner Roberto Fernández Rubio, represented by María S. Muñoz García
• M 4210600, owner Roberto Fernández Rubio, represented by María S. Muñoz García

The application by FORMDIET, S.A. against registration M 4306561, owned by María Teresa Galera Ortega, has also been dismissed.

Relevance for trademark owners

These resolutions demonstrate the OEPM’s criteria in administrative nullity proceedings, both in granting the applicants’ claims and in maintaining challenged registrations when the alleged grounds are not met. Affected owners and applicants have one month from publication to file an administrative appeal, and the outcome of these decisions affects the legal certainty of the distinctive signs in the affected classes.

Source: Official Gazette of Industrial Property, no. 7234, September 9, 2026, Volume I (Trademarks and other distinctive signs), section 6 (Administrative Nullity), pp. 213-214 (references CVE-BOPI-T1-20260909-00000213 and CVE-BOPI-T1-20260909-00000214).